The Crown appealed from the sentence imposed on the Respondent, Gamble, following her conviction on a guilty plea to the offence that she did wilfully and without lawful cause kill a dog, the property of Daniel Sutherland, that was kept for a lawful purpose, contrary to s. 445(a) of the Criminal Code of Canada. The sentence imposed was an absolute discharge.
The respondent explained that the dog had previously attacked two other persons and accosted her buy chasing her back up the stairs. After she left in her truck, she conceded that she ran over the dog, which was in the middle of the road. The dog was still alive, and to put it out of her misery, she again ran over the animal and caused its death.
The Court found it was not in the public interest to grant an absolute discharge. Considering it appropriate that there be some public acknowledgment by the respondent that what she did was wrong.
The Court allowed the appeal and the discharge would be conditional upon her satisfactory completion of six months’ probation.
Source: Case Law