R v Delong, 2008 ONCA 525 (CanLII)

This is an appeal by the accused from conviction and sentence.

At trial, the judge rejected the appellant’s version of events, i.e. that the appellant was merely defending himself from what he claimed was unnecessary force. The only question then was whether the appellant caused unnecessary suffering to the dog.

The appeal court finds that there was an evidentiary basis for the trial judge’s finding that the appellant choked the dog; therefore, the appeal is dismissed.

Source: Case Law

Jurisdiction: Ontario

Topics: appealappeal dismissedchokedconvictiondogsentenceunnecessary suffering

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