R. v. MacIsaac

R. v. MacIsaac

The court accepted the joint recommendation as a fit and proper sentence because the offences are strict liability with no demonstrated due diligence defence, the accused entered early guilty pleas and had no prior records; the appropriate sanction combined modest fines with 20-year prohibitions on animal ownership and extensive SPCA inspection powers to achieve denunciation, specific and general deterrence and rehabilitation.

Citation
2008 NSPC 81
Parties
Crown: Her Majesty the Queen; Accused: Alice MacIsaac; Accused: Zonda MacIsaac
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 December 2008
Procedural Posture
Criminal Animal Cruelty / Guilty Plea and Sentencing
Outcome
Guilty pleas accepted; sentences imposed on both accused.
Legal Topics
Animal Cruelty, Strict Liability Offences, Due Diligence Defence, Prohibition Orders on Ownership of Animals, Search and Inspection Conditions
Source Language
English
Criminal Law Animal Welfare Law Sentencing Law Animal Cruelty Strict Liability Offences Due Diligence Defence Prohibition Orders on Ownership of Animals Search and Inspection Conditions

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Parties

Her Majesty the Queen

Crown

Alice MacIsaac

Accused

Zonda MacIsaac

Accused

Procedural Posture

Criminal Animal Cruelty / Guilty Plea and Sentencing

Legal Issues

  1. 1 Whether the accused are liable under s.11(2) of the Animal Cruelty Prevention Act as strict liability offences
  2. 2 Whether accused discharged a due diligence defence
  3. 3 Appropriate sentence and conditions including length of ban on animal ownership and state monitoring

Ratio Decidendi

The court accepted the joint recommendation as a fit and proper sentence because the offences are strict liability with no demonstrated due diligence defence, the accused entered early guilty pleas and had no prior records; the appropriate sanction combined modest fines with 20-year prohibitions on animal ownership and extensive SPCA inspection powers to achieve denunciation, specific and general deterrence and rehabilitation.

Court Disposition

Guilty pleas accepted; sentences imposed on both accused.

Orders

  • Alice MacIsaac: Prohibited for 20 years from owning or having custody of animals subject to Schedule A conditions: no animals at 189 Cenotaph Road; no ownership/operation/participation in commercial or volunteer animal operations; permitted to possess the cat currently in her possession and two dogs returned by SPCA...