In April 2020, witnesses observed the accused and the dog owner with dog on leash walking together on a public street. The accused first pushed the dog owner and as the dog owner began to walk away, the accused then punched the dog in the head. He began to then assault both the dog and its owner. Two witnesses heard the accused ask the dog owner where his $5 was.
Police attended the scene, where the dog owner declined the offer of medical assistance and to press charges. Although there were no obvious signs of injury to the dog, one of the attending officers determined that it was visibly scared by evidence of its ears flat against its head, the tail tucked between its legs, and it was shaking
The trial judge found the witness evidence to be reliable in that accused intended to kick the dog becauss he had done so twice, as well as punched the dog in the head in a gesture that was “apparently completely gratuitous or out of spite for the dog owner” (para. 11). The judge then concluded that accused did wilfully cause the dog pain, that the kicks were unnecessary, lacked a legitimate purpose and legal excuse for causing pain. The accused was found guilty.