NSW Animal Cruelty - What is the Legal Process?

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GC.

Well-Known Member
26 October 2015
43
3
129
There was an incident the other day where a neighbour wasn't looking after their dog. The dog was barking weakly for a while and I and various other neighbours went to investigate and found him unable to walk and very thirsty and hungry. Phone calls were made looking for someone who could help the animal and eventually the Police arrived. Someone gave the dog some food and a while later he was at least attempting to stand up.

The Police called in two other units (the second to arrive appeared to be their supervisor, and the third was a van in which the Police took the dog away in). Overhearing the cops, they were going to take the dog to a vet. They were talking about how dehydrated and malnourished the dog was.

The resident of the house arrived while the cops were still there and the cops got stuck into them. I already knew that two siblings were sharing the house after their mother passed away a couple of years ago, and that they did not get on well. Apparently the younger of the two had the dog registered in their name (I am guessing that their mother bequeathed the dog) but due to the disagreements the older sibling had taken out an AVO against the younger one and they are not allowed at the property.

The older sibling had obviously not taken care of the dog, and was loudly asking the cops "why am I being charged, it's not my dog". The Police were saying "you will be charged with animal cruelty".

I am not very familiar with the legal process, but am trying to get some understanding here because...

- I may be subpoenaed to give evidence (The cops took my details and write them under "inf" which I assume means "informant")

- I suspect that my neighbour will go through a "low" period as a result and I would like some forewarning of when that may happen (I have previously had Police knocking on my door saying that they were concerned for the neighbour's welfare). I am not sure how they may react, as they saw me (along with other neighbours) around when the Police were there.

- I am also generally curious as to how our legal system works.

My questions are...

1) What are the chances that the Police will press charges (they seemed very confident and assertive when saying that they would, but the dog is actually registered in the other sibling's name)?

2) Are both siblings likely to be charged?

3) What is the process & timeframe for this? I assume that he will be served a court notice for a hearing date, what are the general timeframes for this sort of thing? Am I able to look up a court list and see when the hearing is scheduled?

4) What is the likely outcome? My searches only come up with the maximum penalties (either direct references to the legislation, or places like the RSPCA which publish only the maximums as a deterrence).

I would guess that most cases would result in a penalty significantly lower than the maximum but can find no information on what are the likely ranges of penalties for a first time offence. I am assuming that there are no previous criminal convictions, although this may not be the case.

5) Is there anything I can offer the neighbour the next time we speak? We're not friends, but are (or were) on good terms and would generally say hello. Is there anywhere (legal advice, or counselling) that I could refer them to, or will the Police have provided references to these sorts of services when they serve the summons?
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
Normally the dog owner is the one who will be fined.

The AVO does prevent the owner caring for or removing the dog. But there could be an argument made that the owner is still responsible to make other arrangements for the dog.

However, more likely the person in residence at the property will be fined because the dog will be deemed to be 'in their possession'.