R v Abeywickrema, [2010] OJ No 5142 (ON Ct J)

On May 10, 2010, James Trepanier of the Humane Society received a call regarding a dog in distress within the city of Windsor, Ontario. Upon attending at the location he discovered a black lab retriever mix approximately 2 years. After securing the dog, he noticed the dog’s penis area was red and black and appeared bloody. The Humane Society veterinarians discovered the penis had a condom on it which was secured in place by a piece of black bicycle tire inner tube. As a result the dog was unable to urinate. It was the veterinarian’s opinion that the dog would not have been able to urinate for the previous 12 to 24 hours. They determined the dog would need penile amputation and extensive surgery, and it was decided that the dog would be euthanized. It was the veterinarian’s conclusion that the act of placing the condom on the dog and securing it with the inner tube resulted in the injuries and suffering.

From their investigation, police were able to determine that Mr. Abeywickrema was the dog’s owner and after further investigation, arrested the accused.

Anjalo Abeywickrema was charged with cruelty to animals pursuant to s. 445.1(1)(a) of the Criminal Code.

The Judge concluded that a sentence of four months jail was appropriate, followed by two years of probation. Finally, there was also a section 447.1 order for five years prohibiting the offender from owning, having the custody and control of, or presiding in the same premises as an animal or a bird.

Source: Case Law

Jurisdiction: Ontario

Topics: animalscriminalCureltydogImprisonmentinjuryParoleprobationprohibitionremorse

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