|
Introduction to the Offences of Cruelty to Domestic and Captive Animals |
Introduction to the offences of cruelty to domestic and captive animals in England and Wales. These offences are contained in the Protection of Animals Act 1911 and the Abandonment of Animals Act 1960. Similar legislation applies in Scotland.
|
|
IPPL v. Institute for Behavioral Research, Inc. |
Private individuals and organizations brought action seeking to be named guardians of medical research animals seized from organization whose chief was convicted of state animal cruelty statute violations. The United States District Court for the District of Maryland, John R. Hargrove, J., dismissed action, and individuals and organizations appealed. The Court of Appeals, Wilkinson, Circuit Judge, held that: (1) individuals and organizations lacked standing to bring action, and (2) Animal Welfare Act did not confer private cause of action. Case discussed in topic:
US Animal Welfare Act.
|
|
Isted v. CPS |
The appellant was a keeper of livestock who had shot and injured a neighbor's dog that had strayed into the appellant's pig pen. He had been convicted of doing an act causing unnecessary suffering to the dog contrary to the Protection of Animals Act 1911, s 1(1)(a) (second limb). Dismissing the appeal, the Divisional Court held that the local justices were entitled to find as a matter of fact that it had not been reasonably necessary to shoot the dog.
|
|
Jenkins v. State |
Defendant was convicted of misdemeanor animal cruelty. Defendant appealed, claiming ineffective assistance of counsel. The Supreme Court held that he was not entitled to a reversal, because he failed to demonstrate that his counsel failed to render reasonably competent assistance that prejudiced him to such an extent that he was deprived of a fair trial. The Court held that it was not ineffective assistance to 1) fail to object to testimony regarding defendant's arrest and incarceration, and 2) fail to object to defendant's brother testifying while wearing a striped prison suit.
|
|
Johnson v. Needham |
The Court upheld a decision of local justices to dismiss an information that the defendant "did cruelly ill-treat, abuse, and torture a certain animal" contrary to the Cruelty to Animals Act 1849, s. 2 (1). The Act made it an offence to ill-treat, abuse,
or
torture an animal, and thereby established three separate offences from which the prosecutor should have elected. Note: Although the 1949 Act has been repealed, similar language appears in the Protection of Animals Act 1911, s 1(1)(a), and presumably the same reasoning applies to that statutory provision.
|
|
Jon H. Hammer v. The American Kennel Club and Brittany Club of America, a/k/a The American Brittany Club, Inc. |
Plaintiff, the owner of a Brittany Spaniel dog with an undocked tail, sought to enter his dog into AKC competitions. However, AKC standards stated that any tail substantially over four inches long would be "severely penalized." Plaintiff contended the practice of docking a dog’s tail (which oftentimes occurs without anesthesia or even under the proper care of a veterinarian) constituted an act of cruelty in violation of Agriculture and Markets Section 353 and was an arbitrary and capricious discriminatory standard. Plaintiff sought both declaratory relief declaring that the practice is illegal and discriminatory, and injunctive relief to enjoin the practice form being applied in New York and elsewhere.
|
|
Jones v. Beame |
In this New York case, the plaintiffs, organizations concerned with the treatment of animals in the New York City zoos, sought injunctive and declaratory relief against city officials who were charged with operating the zoos. Due to a citywide fiscal crisis, the City had to make “Draconian” choices with its human and animal charges, according to the court. In granting a motion to dismiss, this court declined to accept the responsibility for matters that it found to be administrative in nature.
|
|
Joyce v Visser |
The appellant was convicted of failing to provide food and water to dogs who were chained to a spot. Citing the extreme nature of the neglect and the need for general deterrence, the trial judge sentenced the appellant to three months' imprisonment. On appeal, the appellate judge found the sentence to be manifestly excessive and reduced the sentence.
|
|
Judgement Rol N°7880-11, Donnkan and Káiser - Chile |
Defendant was found guilty of animal cruelty for killing Donnkan y Kaiser, two German Shepherds that were attacking a calf belonging to defendant's neighbor. The lower court sentenced him to 21 days of imprisonment and, suspension from public office during this time, and a fine of two monthly tax units. Defendant appealed, but the appeal was rejected. However, he was granted a suspended sentence. This decision talks about the victims of animal cruelty. The court states that under the criminal code, victims are those offended by the crime. "Although it is true that it can be considered that much progress has been made in the legal protection of animals and, fundamentally, in the protection of those, it has not come to be considered that they have the quality of victims as such of a criminal act because they are not people, and continue to be controlled by human beings who, as their owner, is the one who can be considered the victim." |
|
Judgment 00017-2010-PI/TC, 2011 - Peru |
The Bar Association of North Lima brought this suit against the Congress of the Republic of Peru regarding several pieces of legislation promoting the development of non-sporting public shows, such as bullfights and cockfights. The Bar Association claimed that the legislation was unconstitutional as it contradicted the right to equality as well as several fiscal principles by taxing non-sporting events but not sporting events. It further claimed that through these practices, the State neglected its duty to guarantee participation in Peru’s national cultural heritage. Congress argued that the claim should be unfounded as no one had been discriminated against based on demographic factors. The court held that the claim was unfounded, as bullfighting is a regulated cultural manifestation and the Peruvian Constitution allows the legislators to use their discretion to impose taxes.
|
