Balfour v R

The Court of Appeal of New Zealand dismissed the appeals by Daryl Kirsty Reid Balfour and David Neil Balfour against their convictions and sentences. The Balfours were convicted and sentenced in the District Court on three counts of failing to ensure the physical, health and behavioural needs of their animals were met and ill-treating animals, contrary to the Animal Welfare Act 1999. The Balfours also appealed against the orders for costs. The Court of Appeal declined the Balfours’ application for leave to adduce further evidence on appeal. The appeals against conviction and sentence were dismissed. The appeal against the orders for costs was allowed and the orders made in the District Court under the Costs in Criminal Cases Regulations 1987 and the Witnesses and Interpreters Fees Regulations 1974 were set aside. The Court found that the convictions were supported by the evidence, and the sentences were not manifestly excessive. The Court held that the Judge erred in ordering the Balfours to pay the costs of the prosecution as it was not just and reasonable in the circumstances of the case.