R. v. Bailey

R. v. Bailey

SPCA officers had reasonable grounds and statutory authority to obtain and execute warrants; veterinary and officer evidence established puppies were in distress under s.2(2) ACPA; the defendants failed to prove mistake of fact or due diligence on the balance of probabilities; Ms. Benoit's physical interference with an officer constituted assault; accordingly the application for a stay was dismissed, defendants convicted of s.11(2) ACPA, Ms. Benoit convicted of Criminal Code ss.270 and 129, and a Kienapple stay entered to avoid double jeopardy on overlapping charges.

Citation
2009 NSPC 3
Parties
Crown: Her Majesty The Queen; Defendant: Dana Bailey; Defendant: Gail Benoit
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
29 January 2009
Procedural Posture
Criminal (provincial Animal Cruelty Act and Criminal Code Offences) / Trial Judgment (verdict)
Outcome
Application for judicial stay dismissed; defendants convicted of provincial Animal Cruelty Prevention Act s.11(2); Ms. Benoit convicted of Criminal Code ss.270 and 129; stay entered on overlapping charge to avoid double jeopardy under Kienapple.
Legal Topics
Animal Cruelty Prevention Act, Search Warrants and Seizures, Abuse of Process, Strict Liability and Due Diligence, Mistake of Fact, Assault on Peace Officer, Double Jeopardy (kienapple)
Source Language
English
Criminal Law Animal Law Procedural Law Animal Cruelty Prevention Act Search Warrants and Seizures Abuse of Process Strict Liability and Due Diligence Mistake of Fact +2 more

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Parties

Her Majesty The Queen

Crown

Dana Bailey

Defendant

Gail Benoit

Defendant

Procedural Posture

Criminal (provincial Animal Cruelty Act and Criminal Code Offences) / Trial Judgment (verdict)

Legal Issues

  1. 1 Whether the SPCA actions amounted to abuse of process
  2. 2 Whether the puppies were "in distress" under s.2(2) of the ACPA
  3. 3 Whether the defendants could rely on mistake of fact or due diligence defence to strict liability offence

Ratio Decidendi

SPCA officers had reasonable grounds and statutory authority to obtain and execute warrants; veterinary and officer evidence established puppies were in distress under s.2(2) ACPA; the defendants failed to prove mistake of fact or due diligence on the balance of probabilities; Ms. Benoit's physical interference with an officer constituted assault; accordingly the application for a stay was dismissed, defendants convicted of s.11(2) ACPA, Ms. Benoit convicted of Criminal Code ss.270 and 129, and a Kienapple stay entered to avoid double jeopardy on overlapping charges.

Court Disposition

Application for judicial stay dismissed; defendants convicted of provincial Animal Cruelty Prevention Act s.11(2); Ms. Benoit convicted of Criminal Code ss.270 and 129; stay entered on overlapping charge to avoid double jeopardy under Kienapple.

Orders

  • Application for a judicial stay for abuse of process dismissed
  • Dana Bailey found guilty of s.11(2) of the Animal Cruelty Prevention Act