R v Aleck, 2021 BCPC 75;170

Facts: Accused charged with domestic assault and animal cruelty for two separate events. The first event involved the Complainant blocking the Accused from leaving their shared apartment. He pushed her away so he could leave (Charge: assault). Separately, the Accused had gifted a kitten to the Complainant. One day while the kitten was sleeping, the Accused picked up a selfie stick and struck the sleeping kitten on the head three times. The kitten immediately died (Charge: willfully causing unnecessary pain).

Analysis: Judge discusses mens rea, concluding that the accused knew or ought to have known that his actions would cause unnecessary pain.

Held: Accused  acquitted of assault (self-defence), but convicted of animal cruelty.

Sentence: Suspended sentence, 16-months probation, 1-year animal prohibition.