R v SAS, 2011 BCPC 0470

The accused pled guilty to wilfully causing unnecessary pain, suffering and injury to an animal, his girlfriend’s cat, contrary to section 445.1(1)(a) of the Criminal Code.

On the night of the offence, the accused and his girlfriend got into a verbal argument and she left to stay at the home of a friend. The accused was consuming alcohol and drugs and became more and more upset as the night went on. He made a series of phone calls to people, which involved threatening to kill his girlfriend’s cat in apparent retribution for her conduct. The accused admits to choking and kicking the cat causing some injury, and indicates that the death was caused accidentally by him later dropping a couch on the cat. He was arrested by police and determined to be somewhat suicidal. He spent some time in hospital.

The court orders a sentence of six months in jail, with credit for the full six months to reflect the time the accused already served. The accused must spend one day in jail as the actual sentence to be served. The court imposes a two-year probation period, including the following terms: no possession or consumption of any alcohol and drugs; and must attend, participate in and successfully complete counseling as required. Further, the court imposes a 10-year prohibition against owning, having custody or control of, or residing in the same premises as an animal or bird.

Source: Case Law

Jurisdiction: British Columbia

Topics: catChokingCriminal Codedeathguiltyguilty pleainjuryjailkickingprobationprohibitionunnecessary painunnecessary sufferingwilful

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