Dobrinsky v Royal Society for the Prevention of Cruelty to Animals [2022] NSWDC 432

District Court New South Wales

Medium Neutral Citation: Dobrinsky v Royal Society for the Prevention of Cruelty to Animals [2022] NSWDC 432 Hearing dates: 7– 8 September 2022 Date of orders: 23 September 2022 Decision date: 23 September 2022 Jurisdiction: Criminal Before: Fitzsimmons SC DCJ Decision: (1) The appeal is dismissed. The Court: (2) Confirm the 12-month Intensive Correction Order imposed by the Magistrate to commence from 23 September 2022. (3) The standard conditions that apply during the terms of the Order are that the offender: (a) Must be of good behaviour. (b) Must submit to supervision by a community corrections officer at the City Community Corrections office and is to attend this office within 7 days to facilitate this condition. (4) Confirm the Order made by the Magistrate pursuant to s 31(1)(a) of the Prevention of Cruelty to Animals Act 1979 in that the male Maremma dog (RSPCA Tag No 086 1452) is forfeited to RSPCA NSW. (5) Confirm the Order made by the Magistrate pursuant to s 31(1)(b) of the Prevention of Cruelty to Animals Act 1979 in that the offender must not, for a period of five (5) years, do one or more of the following: (a) purchase or acquire, or take possession or custody of, an animal, (b) keep, or participate in keeping, an animal, (c) be party to an arrangement under which the person is entitled to control or influence the keeping of an animal, including an animal owned by another person or in another person's possession, (d) otherwise be involved with the keeping or care of an animal, including an animal owned by another person or in another person's possession. (6) Confirm the Order made by the Magistrate pursuant to s 215(1) of the Criminal Procedure Act 1986 in that the offender is ordered to pay the RSPCA's professional costs of $34, 641.75. (7) Order that in addition to those professional costs ordered by the learned Magistrate, that the appellant pay the additional professional costs of the RSPCA in the appeal in the sum of $14,000.00. Catchwords: CRIME – appeal and review – appeal from Local Court to District Court – nature of the appeal – rehearing – act of cruelty – failure to provide veterinary treatment – aggravated cruelty – strict liability defence – defence of honest and reasonable mistake Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) ss 11, 18 Evidence Act 1995 (NSW) s 110 (1) Prevention of Cruelty to Animals Act 1979 (NSW) ss 4(1), 4(3), 5(3), 6 Cases Cited: Bell v Steward (1920) 28 CLR 419 Charara v The Queen [2006] NSWCCA 244; 164 A Crim R 39 CTM v The Queen [2008] HCA 25 Hekawteh v The Queen (1985) 157 CLR 523 Knight v The Queen (1992) 175 CLR 495 McNab v Director of Public Prosecutions (NSW) [2021] NSWCA 298 R v Soto-Sanchez [2002] NSWCCA 160 Watson v Foxman (1995) 49 NSWLR 315 at 319 Category: Principal judgment Parties: Mr Savva Dobrinsky (Appellant) Royal Society for the Prevention of Cruelty to Animals (Respondent) Representation: Counsel: S Odgers SC (Appellant) LC Hutchinson (Respondent)