HMQ v Chalmers 2013 ABPC

Mr. Chalmers was charged under s. 445(1)(A) of the Criminal Code for maiming, wounding, poisoning and injuring his two cats. The abuse occurred on two different occasions, causing serious injuries to the cats. A victim impact statement was lodged by a witness to these attacks who attempted to stop Mr. Chalmers’ abuse of the cats. The Crown recommended a sentence of 9 to 12 months actual incarceration, to be followed by 15 to 18 months probation. The Crown justified the sentence length by emphasizing the importance of denunciation and deterrence following the 2008 amendments to the section of the Criminal Code dealing with animal cruelty, as well as emphasizing the vulnerability of the animals. The Crown further noted that Mr. Chalmers was being accused with essentially two different offences despite both being rolled into one charge, and thus the maximum sentence would be not five, but ten years. The Crown also observed that the accused had only pled guilty midway through the trial after a witness had testified. A further recommendation was made for Mr. Chalmers to be prohibited from owning, controlling or possessing animals for life.

The Crown sentenced Mr. Chalmers to 9 months in jail and probation for 15 months, and prohibited him under s. 447(1) of the Criminal Code from owning, possessing or having control of an animal for 25 years.

Source: Case Law

Jurisdiction: Alberta

Topics: animal crueltyCatscompanion animalsCriminal Codecruelty to animalsvictim impact statement

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