In May 2008, neighbours of the accused contacted the Society for the Protection of Animals (SPA) due to their disturbed feelings of witnessing the ill-treatment that the accused inflicted on his German Shepard dog, an officer came to the home and left a notice, which the accused did not act on. On June 6, the neighbour brought the dog to the SPA, the accused came to retrieve the dog and officers of the SPA gave him tips on how to train the dog. A further complaint was filed on June 8 alleging that the defendant kicked the dog severely, breaking his femur. The dog required surgery, and the accused agreed to give it up by signing an abandonment document. However, he then made multiple attempts to get the dog back but was repeatedly turned down. When it comes to the August 2008 offences, stem from the accused’s detention during the course of a probe into a stolen car. A list of the accused other offences can be found here.
The Court emphasizes from the start that the main issue, in this case, is not so much the accused’s mental health as it is his denial of the situation. Evidently, as his attorney points out, he denied the diagnoses and contested all requests for psychiatric follow-up. The probation officer stated that the accused’s mental health problem was insufficient to excuse his actions. According to the Tribunal, a 12-month prison sentence takes into account all of the circumstances, including the fact that the accused was remanded in custody for 3 months and 7 days. However, as the Tribunal pointed out during the sentencing submissions, this period of pre-trial detention cannot be counted twice because it was prolonged due to his attitude, and he was detained in a hospital rather than a prison.
The accused pleaded guilty to the following charges: deliberately injuring an animal (June 2008); possession of cocaine for the purpose of trafficking, simple possession of amphetamines and methamphetamines, breach of probation (August 2008); possession of ammunition during a ban, simple possession of hashish and breach of recognizance (November 2008). In files 450-01-057166-089 and 450-01-056708-089, the accused was sentenced to 6 months in prison. In all other files, the accused faces a 12-month prison sentence. After serving his time in prison, the accused must serve his sentence in the community.