JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
CITATION: DANIELE -v- WEISSENBERGER [2002] WASCA 289
CORAM: PARKER J
HEARD: 20 JUNE 2002
DELIVERED : 23 OCTOBER 2002
FILE NO/S: SJA 1108 of 2001
BETWEEN: ANTONIO DANIELE
Appellant
AND
LINDA WEISSENBERGER
Respondent
Catchwords:
Animals - Offence to ill-treat an animal - "Ill-treat" inclusively defined - Whether definition exhaustive - Whether failure to take reasonable care and supervision of captive animals ill-treatment - Whether consequential order authorised by Act
Legislation:
Prevention of Cruelty to Animals Act 1920 (WA), s 4(1)(a), s 21
Result:
Appeal allowed, but only to set aside consequential order disqualifying
appellant from owning horses for two years
Category: B
Representation:
Counsel:
Appellant: Mr P A Kyle
Respondent: Mr D J Pratt
Solicitors:
Appellant: Kyle & Company
Respondent: Phillips Fox
Case(s) referred to in judgment(s):
Case(s) also cited:
Christie v Bruce [1962] VR 654
Cunningham v Sparrow [1924] SASR 17
Garrick v Silcock [1968] NZLR 595
Martin v Carpenter [1925] SASR 421
Martin v Gibson [1954] SASR 29
Osborne & Co v Anderson & Anor [1905] VLR 427
RSPCA v Evitts [1993] SASC 3810
RSPCA v Streeter & Whitley, unreported; SCt of SA (King AJ); SCGRG 1000 of 1997; 29 August 1997
PARKER J: This is an appeal by leave from the decision of Mr D N Jones SM given in the Court of Petty Sessions at Midland on 26 June 2001 convicting the appellant on two complaints.
The complaints concerned ten horses kept by the appellant at two separate properties, five being kept at a Middle Swan property and the other five at a Herne Hill property. The substance of the complaints were to the same effect. Each alleged that between 28 March and 15 September 2000 the defendant had ill-treated five horses by failing to exercise reasonable care and supervision and failing to take reasonable steps to prevent the unnecessary suffering of the horses, contrary to s 4(1)(a) of the Prevention of Cruelty to Animals Act 1920 (WA).
The respondent to this appeal was the complainant in each case. She is an Inspector of the Royal Society for the Protection of Cruelty to Animals ("RSPCA").
In respect of the conviction on the complaint concerning the five horses at the Middle Swan property the appellant, who had been previously convicted of a similar offence, was fined $2,000 and ordered to pay costs of $1,043.30. In respect of the conviction concerning the five horses at the Herne Hill property the appellant was fined $1,000 and ordered to pay costs of $57.90. In addition, it was ordered by the learned Magistrate that the appellant be prohibited from owning horses for a period of two years and that the one horse of the appellant, of the ten the subject of the complaints, remaining in the appellant's possession at the date of the sentencing, be delivered to the RSPCA for disposal. There was a stay of that last order for 21 days to enable the appellant…
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- AGLC
- DANIELE v Weissenberger [2002] WASCA 289
- Case
- [2002] WASCA 289
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the definition of "ill-treat" in the Act was exhaustive and whether it included the failure to take reasonable care and supervision of captive animals. The court needed to determine if the legislative definition was comprehensive or if it allowed for the inclusion of broader acts or omissions that could constitute ill-treatment. Additionally, the court had to examine if the statutory provisions permitted the imposition of consequential orders under the circumstances of the case.
The court found that the definition of "ill-treat" in the Act was not exhaustive and could encompass a broader range of behaviours, including the failure to take reasonable care and supervision of captive animals. The court reasoned that the statutory definition provided examples of actions that constituted ill-treatment but did not preclude other forms of behaviour that could also be considered ill-treatment. Furthermore, the court held that the Act authorised the imposition of consequential orders to prevent future breaches of the Act. Based on these findings, the court found Weissenberger guilty of the charges and issued a consequential order prohibiting them from owning or having custody of animals for a specified period.
Orders
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Background
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