R. v. Fowlie, [1998] N.B.J. No. 539

This was a sentencing hearing for Fowlie who pleaded guilty to willfully and without lawful excuse killing his horse. Fowlie was observed dragging his horse behind his truck. Fowlie stated that he was attempting to train the colt that was difficult to handle. He was also observed hitting the colt with a piece of wood. The matter was reported to an animal shelter and the police. The police discovered the dead colt on Fowlie’s property with a rope around her neck. The veterinarian discovered that the animal had been beaten and showed signs of severe trauma around the neck. No cause of death could be established.

Fowlie was sentenced to 90 days imprisonment on an intermittent basis. The sentence would be served on weekends to allow Fowlie to take care of his farm. The killing of the horse was a cruel and despicable act. Considering the importance of general deterrence, it was necessary to impose a term of imprisonment. In addition, Fowlie was to be on probation for two years and fined $1,000. During the probation period, Fowlie was to cooperate with the SPCA to ensure the well being of the animals in his care.

Source: Case Law

Jurisdiction: New Brunswick

Topics: carecrueltyfarmhorsekillsentence

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