R v Hughes, 2007 BCPC 0462 (CanLII)

Mr. Hughes was charged with causing unnecessary pain and suffering to animals on two separate occasions. The accused is alleged to have killed a cat by putting the cat into a microwave oven on February 14th . He is also alleged to have injured a second cat by throwing it against a wall on March 5th, 2005.

The Court summarized all the witnesses’ evidence and rejected the evidence of Mr. Hughes in its entirety, making the following findings of fact:

In respect to count 1, the accused sat on the cat by accident. He was told by Sara Kons to kill the cat, to break its neck. Both Mr. Hughes and Ms. Kons thought that the cat was dying. The purpose of killing the cat was to end the cat’s suffering. The accused put the cat into the microwave and the cat died that evening, and the accused disposed of the cat. In respect to count 2, the accused injured the cat by throwing it into the wall.

The Court found that Mr. Hughes was drinking the night he accidentally injured the cat. He then admitted to it, called for Ms. Kons, who them told him to kill the cat. He chose a method and killed the cat by putting it into the microwave. The purpose of his act was to end the cat’s suffering, not to cause suffering.

Therefore, the Court was not satisfied beyond a reasonable doubt and so found the accused not guilty on the first count. In regard to the second count the Court was satisfied beyond a reasonable doubt that the accused caused unnecessary pain and suffering to the second cat, finding him guilty.

Source: Case Law

Jurisdiction: British Columbia

Topics: catCatscausing unnecessary pain or sufferingcriminalCriminal CodeevidenceguiltykillMicrowaveNot Guiltywitness

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