R v Hadwen, [2005] OJ No 928 (ON Ct J)

Hadwen pleaded guilty to five charges under the Criminal Code and the Dead Animal Disposal Act, with respect to his treatment and disposal of cattle. He had failed to provide adequate food, water and care for the animals, 31 Holstein cows, and had failed to dispose of the animals’ bodies within 48 hours.

Hadwen, had allowed the cows to starve to death. Inspectors found the animals tied and starving, in very poor condition; many had to be put down. Hadwen had no prior criminal record and the pre-sentence report was favourable. A doctor’s report indicated that Hadwen had suffered from a severe depression at the time of the offences. The Crown requested a 90-day period of incarceration, to be followed by a three-year probation order, for the cruelty to animals charges. The Crown also requested the maximum fine for the charges under the Dead Animal Disposal Act. Hadwen submitted that a suspended sentence or conditional sentence would be appropriate.

Hadwen was sentenced to five months, to be served in the community, followed by a three-year probation order. Hadwen was further ordered to perform 240 hours of community service. Finally, a $2,000 fine was imposed for the offences under the Disposal of Dead Animals Act. A suspended sentence was not appropriate. Hadwen was also prohibited from owning or being around animals. Denunciation was an important factor in sentencing, given the extreme nature of the neglect and the impact on the animals.

Source: Case Law

Jurisdiction: Ontario

Topics: animalscarecattlecowscriminalcrueltydeatheuthanizedfarmfoodHolsteinPoor conditionsprohibitionsentencestarvationwater

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