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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 persons licensed and registered for the killing of animals, but not excluding any person 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. |
| 2. That the actions of the accused contributed to the death(s). |
| 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. |
| 2. That the actions of the accused contributed to the death(s). |
| 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 person 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 person previously convicted of the same offence;
b) if owing to the general improper discharge by a person of their professional duties; |
4-6 |
a) if owing to the failure to render aid to a sick animal without valid reasons, by a person 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. |
| 2. That the actions of the accused contributed to the death(s). |
| 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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