R v Brown, [2008] OJ No 2263 (ON Ct J)

The accused, Stephen Brown, was charged with cruelty to an animal under s. 446 of the Criminal Code. The Crown contended that the accused was frustrated and angry at being asked to leave the grounds of an apartment building by a security officer, and that he took out his fury on his girlfriend’s dog by forcibly kicking it under the tail and then dragging it by the collar, choking, down the street. It was alleged that he wilfully caused unnecessary pain to a dog by kicking and dragging it. The defence argued the guard and other officers in his company made the allegations as an ongoing pattern of harassment.

Based on the facts, the court was satisfied beyond a reasonable doubt that Mr. Brown caused unnecessary pain to the dog by kicking her and dragging her, convicting the accused. The court rejected the defence evidence and found it was incapable of raising a reasonable doubt as to whether the accused kicked and dragged the dog. His actions were wilful and taken without a legitimate purpose and without legal justification or excuse.

Source: Case Law

Jurisdiction: Ontario

Topics: animalChokingCriminal Crueltydogdragharassmentinjuryintentkicksufferingunnecessary painwitness

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