The accused, John Vieira, is found guilty of an offence under s. 446 of the Criminal Code. The Crown’s submission at sentencing was that a jail sentence was appropriate in this case. The Crown also seeks a separate restitution order to the Society for the Prevention of Cruelty to Animals, as well as an order under section 446(5) prohibiting the accused from owning any animals for two years.
The Defense’s position is that jail is not necessary and that some sentence other than jail would be appropriate; however, if the court is convinced that jail is necessary, a conditional sentence order is appropriate. The Defence defers to the court the issue of restitution and the order under Section 446(5).
The Court ultimately determined that a four-month conditional sentence subject to twenty-four-hour house arrest, except to attend or travel to or from work, or with the written permission of your conditional sentence supervisor to attend to the necessaries of life. In addition, a restitution order in the amount of $5000 payable to the BC SPCA and an animal prohibition order from owning or having the custody or control of an animal or a bird over the next two-year period, which the Court recognized may impact his work as a farmhand who worked on a farm at the time. The Court advised against the accused being offside of the custody or control provisions of the order, as otherwise he would be subject to prosecution.