Leichhardt Municipal Council v Hunter

Leichhardt Municipal Council brought proceedings against Hunter in the Local Court for an alleged contravention of section 49 of the Companion Animals Act. The section makes it an offence for an owner to fail to ensure that their animal is under proper control, with a maximum penalty of six penalty units. Hunter argued that the offence was not a strict liability offence and that the defence of taking all reasonable steps was available. The Council argued that the offence was a strict liability offence and that the defence of taking all reasonable steps did not apply.

The court was required to determine whether section 49 was a strict liability offence and whether the defence of taking all reasonable steps was available. The court considered the relevant provisions of the Companion Animals Act and the principles of statutory interpretation. The court found that section 49 was a strict liability offence and that the defence of taking all reasonable steps did not apply.

The court held that the purpose of section 49 was to ensure public safety and to protect animals from harm. The court found that the provision was not intended to impose criminal liability on owners who were not at fault. The court held that the offence was not a strict liability offence and that the defence of taking all reasonable steps was available. The court held that the offence required proof of fault on the part of the owner.

The court dismissed the proceedings against Hunter. The court found that Hunter had taken all reasonable steps to ensure that his animal was under proper control and that he was not guilty of the offence.