Sudweeks left 40 horses and 7 dogs alone on property without adequate food or water for at least two months. Sudweeks received a $2,000 fine on each of two counts and a lifetime ban on owning or having custody of any animal. On appeal, Sudweeks argued that the trial judge demonstrated a reasonable apprehension of bias and erred in his findings of credibility, in admitting evidence obtained during the searches, and in passing a sentence that was unduly harsh. Appeal dismissed.
R v Sudweeks, 2003 BCSC 1960
Statute: SPCA Act (BC),
Section: 1(2), 1(3), 11, 13, 13(1), 13(2), 14, 14(1), 14(2), 15, 22, 24(1), 24(3)
Province or Territory: British Columbia,
Offence: Abandonment, Neglect,
Animal: Dog, Horse,
Type of Distress: Causing or permitting animals to be or continue to be in distress: No sufficient food or water left for animals
Sentence: (1) $4000 fine ($2000 per each of 2 counts); (2) lifetime prohibition from owning any animals
Legal Issue: Procedure (S.8 Charter), Sentencing, Procedure (Warrantless entry/searches),