R v Labonte, 2014 ABPC 153 (CanLII)

This is the sentencing decision of Mr. Labonte who worked at a dog daycare and was responsible for taking care of the dogs who were kennelled at the facility.

There is CCTV footage of Mr. Labonte using force to subdue a friendly and playful pup named Apollo. The Court describes in detail what is seen on the video recording, focusing on the several times Mr. Labonte picks Apollo up by the collar and slams him to the ground, kneeling on him and hitting his head on the floor. The owner of the facility arrived and found Mr. Labonte cleaning bloody vomit (Apollo had vomited five to ten times). The owner of the facility watched the CCTV footage and took Apollo to a veterinarian clinic. At the veterinary clinic Apollo coughed and gagged on blood. Apollo was assessed and the represented pulmonary contusion or hemorrhage (bruising).

The Crown sought incarceration of 60 days duration, along with a ban prohibiting the accused from owning animals. The Defence sought a Conditional Discharge or Probation. The Court found that the case required a denunciatory sentence and one which reflects general deterrence.

The Court sentenced the accused to gaol sentence of 60 days which he would be allowed to serve in the community subject to certain conditions. The Court addressed prohibiting him from owning animals except acknowledged that he presently owned a cat. However, the Court stated that it would hear submissions from Counsel with respect to this aspect of the case.

Source: Case Law

Jurisdiction: Alberta

Topics: abuseCriminal CodedogdogsguiltyHitkennelprohibitionsentence

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