R v McPike, 2015 AJ No 1504 ABPC

Trial and sentencing of accused.

Accused and the Complainant had an argument. Accused kicked the Complaintant’s dog down the stairs. The dog yelped but there were no injuries. Accused proceeded to physically assault the Complainant. At trial, Accused was found guilty of assault and cruelty against animals, but acquitted on the possession of weapon charge.

Defence and Crown made joint submissions on sentencing, requesting for 12 months suspended sentence. Under s.447(1), Crown asked for a pet prohibition of 2 years with reporting requirements, on the grounds that the Accused harmed an animal that was defenseless and within his power and control. Defense argued against pet prohibition, arguing that the accused made a impulsive and remorseful decision after a night of drinking.

The Court granted 15 day sentencing on each count, to be served concurrently and intermittently, followed by a 12 month probation. Using discretion, the Court did not make a prohibition against animals.