R v Ainsworth, [2010] AJ No 810 (AB Prov Ct)

On the 14th of March, 2009 the Offender’s dog urinated in his truck. The Offender then grabbed, shook, and hit the dog on the head with a flashlight causing a serious eye injury. The dog then ran under some shelving to hide from him.

The dog remained with the Offender until March 16. He did not treat the dog for his injury until he asked his girl friend, Ms. Leblanc to take it to the humane society to be treated. A vet examined the eye which had collapsed and was bleeding. He had to remove the eye, and was of the opinion that if it had been looked after earlier, he may have been able to save the eye.

The Offender called the humane society and confessed that he had caused the injury and took responsibility for not getting treatment earlier. The Humane Society seized the dog and made Application to keep it which was granted.

The accused pled guilty to a charge under Section 445.1(1)(a) of the Criminal Code to being the owner of a miniature pincher dog, who wilfully permitted the dog to be caused unnecessary pain or suffering or injury to the animal. However, the Offender was not charged under Section 445(1) or 445.1(1)(a) with actually causing the injury from which the dog suffered the pain or injury, yet he admits to doing so.

Making the point that the Offender was not charged with causing the injury, but with permitting unnecessary pain and suffering and injury the Judge stated that the Offender cannot be sentenced for that which he was not charged. The Judge concluded that a sentence served in the community of nine months, with conditions,  was the appropriate sentence.

There also was a Prohibition Order pursuant to Section 447.1(1)(a) for a period of five years prohibiting the Offender from owning or having the custody or control of any animal or bird.

Source: Case Law

Jurisdiction: Alberta

Topics: animal crueltydogeyeHitintoxicatedprobationrehabilitationsentencing

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