R v Rabeau, [2010] AJ No 567 (ABPC)

The Accused pled guilty to a single charge of killing a dog contrary to Section 445(1)(a) of the Criminal Code. The matter was before the Court for disposition.

In August 2007, a four month old puppy, owned by Mr. Kotulak, got out of the owner’s backyard. The puppy went out through the alley and into a grass “off leash” park. The Accused exited his vehicle and was urinating on the grassy area bordering the park when the puppy approached him.

The Accused thought that the puppy was going to nip or bite at his legs. The Accused then ran to his car and retrieved a wooden object, witnesses say the object was either a 2 x 4 or a bat. The Accused then swung the wooden object at the puppy, connection once with the puppy’s skull.

Mr. Kotulak realized the puppy was missing shortly after midnight. He went into the back alley in search of his dog and saw a grey vehicle. When he approached the vehicle, he heard a male voice say “we just killed it”. Kotaluk then spotted his puppy in the grass beside the off-leash area, bordering on the alley. The puppy had severe head trauma and was bleeding from the ears and then started convulsing. The car then drove off.

Kotulak carried the puppy home, where it died in his arms. A witness had taken down the licence plate and the Accused was arrested August 31, 2007. The Accused admits that it was his action that killed the puppy and further admits that while he may have initially had cause to be concerned, he over-reacted and used more force than the situation called for.

A Conditional Discharge was granted and the Accused was placed on probation for 12 months. The judge also declined to make an Order pursuant to Section 447.1(1) of the Criminal Code, prohibiting the Accused from owning or having the custody or control or residing in the same premises as any animal for a period of two years.

Source: Case Law

Jurisdiction: Alberta

Topics: ageanimalbatconditional dischargecriminalcrueltyguiltypuppyriskseriousyouth

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