RSPCA v HAMILTON [2008] NSWLC 13

Local Court of New South Wales

CITATION: RSPCA v HAMILTON [2008] NSWLC 13

JURISDICTION: Criminal

PARTIES: RSPCA HAMILTON

FILE NUMBER:

PLACE OF HEARING: Wagga Wagga

DATE OF DECISION: 07/14/2008

MAGISTRATE: Magistrate G Lerve

CATCHWORDS: Aggravated Cruelty to Animals - Failure to Provide Proper and Sufficient Food - Failure to Provide Veterinary Treatment - drought - costs

LEGISLATION CITED: Prevention of Cruelty to Animals Act 1979; sections 4(3), 8(3), 5(3)(C), 6(1), 4(2A)

Pearce –v- The Queen (1998) 103 A Crim R R –v- Jones R –v- Wallace [2006] NSWCCA 63 R –v- Merrin [2007] NSWCCA 255 R –v- Nguyen [2007] NSWCCA 14 R –v- MMK [2006] NSWCCA 272 CASES CITED: Cahyadi –v- R [2007] NSWCCA 1 R –v- Zamagias [2002] NSWCCA 17 R –v- Barlow [2008] NSWCCA 96 R –v- Tolley [2004] NSWCCA 165 R –v- Hallocoglu (1992) 29 NSWLR 67 R –v- Wegener [1999] NSWCCA 405 R –v- Schodde (2003) 142 A R –v- Caradonna (2000) 118 A

TEXTS CITED:

REPRESENTATION: Mr. P. O'Donnell, of Counsel, instructed by Smythe Wozniak, Solicitors for the RSPCA Mr. Hamilton in person unrepresented

ORDERS:

1. Following a defended hearing that took 14 days, including 17 April 2008, the date on which I gave my decision on the issue of guilt Mr. Hamilton, the offender, was found guilty of 102 charges of Aggravated Cruelty to Animals contrary to s. 6(1) of the Prevention of Cruelty to Animals Act 1979 (the Act), 23 charges of Failure to Provide Proper and Sufficient Food contrary to section 8(3) of the Act and 19 charges of Failure to Provide Veterinary Treatment contrary section 5(3)(c) of the Act. After hearing for reasons given on 17 April 2008 he was acquitted of 15 counts of Failure to Provide Veterinary Treatment and 2 counts of Aggravated Cruelty to Animals.