Qld courts protect animals with lifetime bans

A report by the Queensland Sentencing Advisory Council has shed light on the number of animal cruelty offences, with 250 revealed to be banned from owning animals.

user iconNaomi Neilson 20 August 2019 Big Law
John Robertson

Source: sentencingcouncil.qld.gov.au/about-us

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In a reporting period between 2005 and 2018, the Sentencing Spotlight analysed data that revealed penalties imposed. In this period, there were 1,115 cases which involved 1,020 offenders and 2,416 charges for a range of animal offences.

Council chair John Robertson said the report provided the community with insights on the operation of sentencing for this type of offending, which ranged from most serious intentional cruelty of animals through to less serious breaches of duty of care.

“Our pets are much loved members of our families, so it is very distressing when we hear about people mistreating animals,” Mr Robertson said. “The offence data includes livestock, which are often overlooked when we think about animal cruelty. With such a broad range of offending you would expect to see a wide range of sentences.”

In Queensland, courts can issue a prohibition order banning a person from owning an animal if convicted for an animal welfare offence, either for life or a specified period.

The report found 19 permanent bans and the remaining 241 had an average sentence of three years. This has dramatically increased recently, with a banning order made in just 25.7 per cent of cases in 2011-12, as opposed to 50.7 per cent in 2017-18.

A fine was the most common penalty, with the highest for an individual at $25,000 and $55,000 for a corporation. Custodial sentences were reserved for the most serious of offences, with 76 offenders receiving a sentence of imprisonment.

Mr Robertson said prohibition orders are not only a punishment option, but a way that courts can protect animals: “The steep increase in use would indicate the courts see prohibition orders as an effective tool to combat this offending behaviour.”

“The community has no tolerance for this kind of offending. A significant increase in sentenced offenders from 2014 may indicate increased community awareness of this type of offending, which could result in advocacy from animal welfare organisations like the RSPCA.

“As a result, it may be that people are more likely to report offenders, and it may also indicate the increasing seriousness with which the community views these offences.”

In 853 of the cases, charges were for the most serious offence. The other 262 cases the MSO involved assault, unlawful entry or property damage. The majority were men, with almost half sentenced for the more serious offence of animal cruelty.

The age of offenders varied greatly, with the youngest offender at 11 and oldest at 81. Only 24 were young offenders aged 10-17.

The report comes as the Law Institute of Victoria (LIV) calls for mandatory CCTV in areas where animals are slaughtered in hopes it will reduce the number of trespassing activists.

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