convicted him and fined him $1,800.00. The Crown appealed against that fine on the basis that it was manifestly inadequate. Acting Justice Nield in the Supreme Court upheld the appeal and increased the fine to $10,625.00. His Honour found that the Magistrate had given inadequate weight to the objective seriousness of the offence and had failed to appreciate the extent of Siddiq’s failures and the potential consequences of those failures. His Honour repeated what he had said in an earlier case:
There cannot be any argument that the offences committed by the respondent are not serious offences. The public who eat in restaurants and who buy food from take away food shops have the right to expect and are entitled to expect that food intended to be sold and offered for sale will be prepared and cooked in a clean and healthy environment by people who adopt and maintain a high standard of personal cleanliness and hygiene using clean and safe equipment and utensils which are free from any contamination.
His Honour also criticised the Magistrate for forcing the prosecution to proceed upon only one charge.
“Sully’s case”
The 26 year old female defendant entered her horse “Sully” at an agistment in February 2011. At the time of registration, the defendant was advised that Sully was underweight and would require regular feeding and attention. Over the next five months the defendant rarely visited, and in July 2011 another horse owner reported to the RSPCA that Sully was in an emaciated state. The RSPCA and an equine veterinarian attended and examined Sully. Sully was found to have a number of serious health problems, including being approximately 100kg underweight, having lice infestation in his hair, “soft mouth” meaning he was unable to properly eat food, and a heart murmur. Sully was in pain as a result of those problems.
The defendant had either not visited Sully to feed him, or at least only visited occasionally (and insufficiently), neglecting Sully.
Sully was then seized by the RSPCA and after eight weeks of veterinary care and regular feeding, the health problems described had either gone entirely or at least decreased in severity.
The defendant was charged with neglecting an animal so as to cause it pain. She was convicted and ordered to complete 75 hours of community service over 12 months. Sully was also formally transferred into the full-time care of the RSPCA.
| |
||||
| 32 ¦ | DIRECTOR OF PUBLIC PROSECUTIONS ANNUAL REPORT 2012-2013 | |||
| ← Previous Page | Next Page → | |||