Trial. Accused charged with animal abuse, uttering threat and careless firearm. Dispute over whether the dog was attacking the neighbour’s chickens. In front of children accused shot the dog in leg that had to be amputated. This was not the first time the dog had paid a visit. On other occasions the dog had come over and killed, at various times, 10 to 15 of his chickens.
The accused pleaded defence of property. The Crown argued that the children suffered or were likely to suffer psychological harm as a result of the shooting of the dog.
Held: Convicted of animal abuse, acquitted of other charges, issues with credibility. Defence of property did not apply because the dog was not in the midst of attacking the chickens.