R v Brown, 2008 OJ No 2263

Accused charged with cruelty to an animal. It was alleged that he wilfully caused unnecessary pain to a dog by kicking and dragging it by its collar (breathlessness).

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. The defence argued the guard and other officers in his company made the allegations as an ongoing pattern of harassment Accused convicted of unnecessary pain by kicking and dragging a dog. Crown’s theory was that he was frustrated about being asked to leave by a security officer and took it out on his girlfriend’s dog. There was no obvious physical findings of injury.

The trial judge believed the security guard and found the accused was untruthful in his testimony with a palpable animosity towards the security guard. His actions were wilful and taken without a legitimate
purpose and without legal justification or excuse. Based on the facts, unnecessary pain had been caused to the dog.

Accused acquitted.