R v J.S., 2003 NJ No 225 NLPC

Trial of JS on a charge of causing unnecessary pain, suffering or injury to a bird. JS was a young person. A witness testified that she saw JS shoot a crow with a pellet gun and then tie a string around its neck. JS then would throw the crow up into the air so that his dog could catch it. The witness stated that the crow was alive at the time. JS testified that the dog had caught a crow and that two of his friends had tied the string to the crow.

Held: JS was acquitted. The Crown had not proved the offence beyond a reasonable doubt. There was some doubt that it was JS who had mistreated the crow.

Good wording about definitions of pain, suffering, injury and unnecessary. Judge also clearly highlights that the words pain, suffering or injury are SEPERATE from one another and the crown need not prove all three (must only prove one of them).

Accused acquitted.