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7. Offences
against animals
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Article 62-Offences
causing death
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| 62.1 |
Animal death |
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Animal death is the causing of death of one or more animals, excluding men and women licensed and registered for the killing of animals, but not excluding any man or woman inflicting painful and/or cruel death upon an animal. Animal death is further defined into only three possible classifications- animal murder, criminally negligent animal death and justifiable animal death. |
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| 62.2 |
Animal murder |
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Animal murder is the causing of the death of an animal, without lawful excuse or permit, with the intent to kill or with an intent to cause grievous bodily harm. |
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Primary Fact(s) |
| 1. That the animal(s) are deceased; and |
| 2. That the actions of the accused contributed to the death(s); and |
| 3. That the actions of the accused were done with the intent to cause death or grievous harm; |
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Penalty Conditions (Level 3-Crime) |
Type |
Condition(s) |
1-3 |
a) if committed with the intent to inflict grievous bodily harm to the animal; |
4-6 |
a) if committed out of mercenary motives, maliciousness, or for hire;
b) if attended by robbery, racketeering, or banditry; |
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Penalty Conditions (Level 4-Crime) |
Type |
Condition(s) |
1-3 |
a) if committed by reason of national, racial or religious beliefs, or enmity or feud;
b) if committed for the purpose of obtaining certain body tissues of the animal;
c) of an animal who is known by the killer to be in a state of pregnancy;
d) of an animal who is known by the killer to be in a helpless state. |
4-6 |
a) if committed with especial cruelty;
b) if involving the murder of two or more animals;
c) if committed with the purpose of concealing another crime;
d) if murder attended by sexual actions. |
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| 62.3 |
Negligent animal death |
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Negligent animal death is the causing of the death of an animal, without lawful excuse or permit, with no intention to kill or cause serious injury. |
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Primary Fact(s) |
| 1. That the animal(s) are deceased; and |
| 2. That the actions of the accused contributed to the death(s); and |
| 3. That the actions of the accused were not done with the intent to cause death or grievous harm; |
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Penalty Conditions (Level 1-Crime) |
Type |
Condition(s) |
1-3 |
a) if committed by a driver as a result of a motor vehicle accident;
b) if owing to the general improper discharge by a man or woman in the medical/vetinary profession of their professional duties; |
4-6 |
a) if owing to the deliberate abandoning without aid of an animal who is in a state of danger and who is deprived of the possibility of taking measures towards their self-preservation; |
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Penalty Conditions (Level 2-Crime) |
Type |
Condition(s) |
1-3 |
a) if committed by a man or woman previously convicted of the same offence;
b) if owing to the general improper discharge by a man or woman of their professional duties; |
4-6 |
a) if owing to the failure to render aid to a sick animal without valid reasons, by a man or woman who is duty-bound to render it;
b) if owing to the operation of machinery by an unlicensed operator;
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| 62.4 |
Justifiable animal death |
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Justifiable animal death is the causing of the death of an animal, with lawful excuse. |
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Primary Fact(s) |
| 1. That the animal(s) are deceased; and |
| 2. That the actions of the accused contributed to the death(s); and |
| 3. That the actions of the accused were lawfully justifiable. |
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Penalty Conditions (Level 1-Crime) |
Type |
Condition(s) |
1-3 |
a) if committed in the defence of one's own life in one's own home against a dangerous animal;
b) if committed in the defence of the life of one's own children in one's own home against a dangerous animal;
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4-6 |
a) if committed in the defence of one's own life in one's own place of work against a dangerous animal;
b) if committed in the defence of the life of one's own children against a dangerous animal;
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