R. v. Perrault

R. v. Perrault

Given the gravity of the effective torture of the kitten, the offender's guilty plea, demonstrated remorse, lack of prior record, documented PTSD/mental health issues, and the availability of sufficiently punitive community-based conditions, a 3-month conditional sentence with house arrest and strict conditions followed by two years probation, restitution of $2377.48, a $400 fine under the provincial Act, a lifetime provincial prohibition on animal ownership and a 2-year federal prohibition under s.446(5), with VFS waived and time to pay, best satisfies denunciation, deterrence and rehabilitation.

Citation
2007 NSPC 14
Parties
Prosecution: Her Majesty the Queen; Defendant: Denis Perrault
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
30 March 2007
Procedural Posture
Criminal Sentencing / Sentence Decision
Outcome
Conditional sentence of 3 months with house arrest and conditions, followed by 2 years probation; restitution and fine under provincial Act; prohibitions on animal ownership; VFS waived; time to pay granted.
Legal Topics
Animal Cruelty, Conditional Sentence, Restitution, Probation, Prohibition on Animal Ownership, Victim Fine Surcharge
Source Language
English
Criminal Law Animal Welfare Sentencing Animal Cruelty Conditional Sentence Restitution Probation Prohibition on Animal Ownership +1 more

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Parties

Her Majesty the Queen

Prosecution

Denis Perrault

Defendant

Procedural Posture

Criminal Sentencing / Sentence Decision

Legal Issues

  1. 1 Appropriate sentence for wilfully causing unnecessary pain to an animal
  2. 2 Whether actual incarceration was required or a conditional sentence was permissible
  3. 3 Appropriate amount of restitution and fine under provincial Act

Ratio Decidendi

Given the gravity of the effective torture of the kitten, the offender's guilty plea, demonstrated remorse, lack of prior record, documented PTSD/mental health issues, and the availability of sufficiently punitive community-based conditions, a 3-month conditional sentence with house arrest and strict conditions followed by two years probation, restitution of $2377.48, a $400 fine under the provincial Act, a lifetime provincial prohibition on animal ownership and a 2-year federal prohibition under s.446(5), with VFS waived and time to pay, best satisfies denunciation, deterrence and rehabilitation.

Court Disposition

Conditional sentence of 3 months with house arrest and conditions, followed by 2 years probation; restitution and fine under provincial Act; prohibitions on animal ownership; VFS waived; time to pay granted.

Orders

  • Conditional sentence of 3 months with house arrest/curfew beginning 6:00 p.m. March 30, 2007 with conditions including reporting, remaining in province unless permitted to leave, mental health assessment and counselling, participation in programs as directed, proof of compliance on checks by supervisor or peace...
  • Followed by 2 years probation with conditions including reporting to a probation officer within two business days, mental health assessment and counselling, assessment and program participation as directed.