R v Vieira 2006 BCPC 676

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).