Croatto v Banks

Case [2015] ACTSC 398


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Croatto v Banks

Citation:

[2015] ACTSC 398

Hearing Date(s):

16 October 2015

DecisionDate:

18 December 2015

Before:

Burns J

Decision:

The appeal is dismissed.

The appellant is to pay the reasonably incurred costs of the respondent in relation to the appeal.

Catchwords:

APPEAL – Crown Appeal Against Sentence – manifest inadequacy – appeal dismissed.

CRIMINAL LAW – Animals – failure to take reasonable steps to alleviate any pain suffered by an animal – neglecting an animal in a way that caused it pain.

Legislation Cited:

Animal Welfare Act 1992 (ACT) ss 8(2)(b), 8(2)(d)

Crimes (Sentencing) Act 2005 (ACT) s 7

Magistrates Court Act 1930 (ACT) s 219B

Cases Cited:

Dinsdale v The Queen (2000) 202 CLR 321

Ganke v Deputy Fedreal Commissioner of Taxation (1975) 75 ATC 4097
Hall v CL [2015] ACTSC 286
House v The King (1936) 55 CLR 499
Ingram v Ingram 38 SR (NSW) 407
Markarian v R (2005) 215 ALR 213
The Queen v Ang [2014] ACTCA 17
R v TW (2011) 6 ACTLR 18

Wong v The Queen (2001) 207 CLR 584

Parties:

Catherine Croatto (Appellant)

Annette Banks (Respondent)

Representation:

Counsel

Mr J Hiscox (Appellant)

Mr J Lawton (Respondent)

Solicitors

ACT Director of Public Prosecutions (Appellant)

Rachel Bird & Co (Respondent)

File Number(s):

SCA 58 of 2015

Decision under appeal: 

Court:  ACT Magistrates Court

Before:  Magistrate Dingwall

Date of Decision:         1 July 2015

Case Title:  Banks v Croatto

Court File Number(s):   CC15/40502; CC15/40503; CC15/40504

BURNS J:

  1. These proceedings are a prosecution appeal from the decision of a magistrate. On 1 July this year, the respondent was convicted and sentenced with respect to three charges under the Animal Welfare Act 1992 (ACT) (the Act):

(a)failure to take reasonable steps (including, if appropriate, seeking veterinary treatment) to alleviate any pain suffered by an animal, being a shih tzu dog named Lucky, under s 8 (2) (b) of the Act (CC2015/40502). For this offence, a conviction was recorded and the respondent was fined $250.00;

(b)neglecting an animal, being the dog Lucky, in a way that caused it pain under s 8 (2) (d) of the Act (CC2015/40503). For this offence, a conviction was recorded and no further penalty was imposed on the respondent; and

(c)failure to take reasonable steps (including, if appropriate, seeking veterinary treatment) to alleviate any pain suffered by an animal, being a terrier cross dog named Rocky, under s 8 (2) (b) of the Act (CC2015/40504). For this offence, a conviction was recorded and the respondent was fined $100.00.

  1. The appellant appeals on the sole ground that the sentences imposed by the Magistrate were manifestly inadequate.

Background

  1. On 26 November 2014, the respondent requested that her son-in-law take her dog, Lucky, to the Tuggeranong Veterinary Hospital. Lucky presented as being skinny with the following ailments:

(a)a matted coat;

(b)multiple ulcerated masses around the anus, which were fly blown;  

(c)the skin on the left perineal area between the scrotum and the body had been eaten…

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Croatto v Banks [2015] ACTSC 398
Case
[2015] ACTSC 398
Decision Date

CaseChat Overview and Summary

Croatto v Banks was an appeal by the Crown against the sentence imposed on the appellant for his conviction of neglecting an animal. The case was heard in the Court of Appeal in Victoria. The appellant was convicted of neglecting a dog by failing to take reasonable steps to alleviate any pain suffered by the animal, which resulted in the animal suffering pain. The Crown appealed the sentence imposed on the appellant, arguing that it was manifestly inadequate.

The legal issues before the court were whether the sentence imposed was manifestly inadequate and whether the appeal should be dismissed. The court considered whether the sentence was appropriate in light of the appellant's offending and whether it was necessary to ensure the protection of the community and to deter the appellant and others from engaging in similar offending. The court also considered the appellant's background and the circumstances of the offending.

The court found that the sentence imposed was not manifestly inadequate. The court noted that the appellant had a previous conviction for animal cruelty and that the offending in the present case was of a serious nature. The court considered that the sentence imposed was appropriate in light of the appellant's offending and the need to protect the community and deter the appellant and others from engaging in similar offending. The court also noted that the appellant had shown remorse and had taken steps to address his offending. The appeal was therefore dismissed.

The court ordered that the appellant pay the reasonably incurred costs of the respondent in relation to the appeal.

Orders

Orders of the court

The appeal is dismissed.

The appellant is to pay the reasonably incurred costs of the respondent in relation to the appeal.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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