R v Habermehl, 2013 CarswellAlta 570

Accused charged with wilfully causing unnecessary pain, suffering or injury to a cat contrary to s. 445.1(1)(a). Accused denied charges and pled not guilty. Accused lived with girlfriend who was owner of cat. At dissolution of relationship girlfriend left apartment while accused packed belongings. When girlfriend returned she noticed that cat had extreme swelling on side of body and was distressed. Had to surrender cat to SPCA for treatment and cat had to be euthanized. Upon necropsy, Dr determined that cause of injury was blunt for trauma. Court ruled that accused had exclusive opportunity to cause injuries to cat and that the injuring was wilful, intentional and reckless. Court is satisfied beyond a reasonable doubt that accused caused injuries to cat which caused unnecessary pain and suffering. Guilty as charged.