Nicholls, convicted of an offence under s. 402(1) (c) of the Criminal Code for wilfully neglecting domestic animals. Baird, an officer of the SPCA, appeals under s. 762 of the Criminal Code. She argues that provisions of the Animal Protection Act should apply, vesting ownership of the animals in other parties than Nicholls.
Accused was convicted of criminal neglect. The accused was given a suspended sentence with various unique orders. There was no time frame indicated on the probation order. On appeal it was agreed the probation order was incorrectly ordered and the mater was remitted back to correct. No significant discussion of the facts of the case.