Appeal from conviction for criminal neglect of a cat. The accused operated a no kill pet shelter. The cat in question was in bad medical shape and had not received adequate medical treatment. On previous occasion the Applicant had acknowledged to the SPCA inspector that she was the owner of the shelter. On appeal she argued the statement should not have been admitted without a voir dire.
Appeal Court agreed at voir dire should have been held and the inspector was a person in authority however, given the answers the Applicant provided during her testimony, acknowledging she was the owner, the lack of a voir dire was not fatal. It was clear ownership was not the issue at trial, whether the animal was neglected was at issue. Appeal against conviction dismissed.
Sentence appeal allowed. The applicant had become impecunious and the $1000 fine was vacated but the restitution order and probation conditions remained.
This is an appeal by Kathy Singh against her conviction and sentence imposed on the 29th of March, 2000 relating to a charged under s.446(1)(c) .The case started with a complaint relating to a sick cat at the Pet Sanctuary. After following the removal procedures set out in the Act, the cat was delivered to a local veterinarian for treatment. The veterinarian treated the cat but was unable to restore the cat to health; the cat had to be euthanized. The costs of the treatment billed to the Ontario Humane Society was $860.12. The appellant raised numerous grounds of appeal against her conviction, including the unreasonableness of the verdict, reasonable apprehension of bias on the part of the trial judge and the failure to hold a voir dire respecting common law voluntariness of a statement made by the appellant to the inspector.
Appeal against conviction is dismissed and the appeal against sentence is allowed in part (fine of $1,000.00) (1) restitution order of $860.12 (2) probation order for 2 years. Including not owning or having in her custody or control any animal or bird nor to be involved with, directly or indirectly, any pet sanctuary in the Province of Ontario for a period of two years.