While operating a dog training business in Oshawa, the accused abused six dogs over a period of 17 months. At trial he was convicted of five charges of animal cruelty and one charge of neglecting an animal.
In a sentencing decision on March 27, 2014, the trial judge originally imposed a suspended sentence, giving the accused 95 days of credit for pre-sentence custody. The trial judge also made an order prohibiting him from having control or possession of an animal for five years but refused to prohibit the accused from residing with an animal so as not to punish his wife and children. The Crown appealed the sentence.
The Court of Appeal found that the previous sentence was inadequate with respect to the gravity of the specific charges, the number of convictions, the respondent’s criminal record that shows a propensity for violence and a disregard for judicial orders as the respondent was on probation when these offences occurred. It also found an abject failure to accept the criminality of his conduct and the amendments to the Criminal Code in 2008 which demonstrate added determination by Parliament to deter and punish those who commit acts of animal cruelty (para 1).
It was determined that further incarceration was required. The Court imposed a total sentence of 9 months imprisonment: the respondent had served already served 3 months therefore 6 months would remain to be served.
The Court also varied the previous prohibition order to include “residing” with any animal or bird.