R v Danfousse, [2013] AJ No 1418 (AB Prov Ct)

This is the sentencing of the accused who was found guilty of two offences contrary to sections 445.1(1)(a) and 445(1)(a) of the Criminal Code.

The evidence states that the cat was hissing at the accused who was standing at the top of the stairs. The accused said “Fucking cat” and, out of anger and frustration, he kicked the cat down the stairs. The kick was wilful and not an accident. The cat landed at the bottom of the stairs, the accused walked calmly down the stairs and kicked the cat a second time. The second kick was not as hard as the first kick, but was hard enough to propel the cat outside the open door. The second kick was also wilful. At the time, the cat was wet from top to bottom, and the temperature was cold at minus 12 degrees. There was also snow on the ground. The cat was obviously injured and in distress.

The actual injuries to the cat observed by Dr. German, (ie., the penetrating laceration to the lip, abrasions to the right hind leg, and the loss of the digit 3 nail on the paw) were serious injuries. These injuries were “wilfully” inflicted on the cat by the accused within the meaning of section 429 of the Criminal Code. These injuries also caused the cat unnecessary pain an suffering.

On the charge contrary to section 445.1(1)(a) of the Criminal Code, sentence is suspended and the accused is placed on probation for 15 months. On the charge contrary to section 445(1)(a) of the Criminal Code the Court entered a conditional stay of proceedings.

Source: Case Law

Jurisdiction: Alberta

Topics: animalcatCriminal Codecrueltyhypothermiainjurykicksentencingunnecessary sufferingwillfully inflictedwound

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