Severe Dog Beating (Calgary) – 90 Days Jail & Probation

CC: s.4451(1)(A) – Causing Unnecessary Suffering to an Animal, s.446(1)(B) – Abandoning an Animal in Distress; APA: s.2(1) – Allowing an animal to be in Distress, s.2(1.1) – Causing an animal to be in Distress, s.2.1(B) – Fail to Provide Adequate Care to a Wounded Animal.

My client had agreed to take care of his roommates’ dog, after they moved out into a new place that did not allow pets.  The police were called by a neighbour who watched and video-recorded my client beating this dog outside one evening.  The neighbour heard a dog screaming from next door.  She looked outside her window and saw my client pick up the dog by its paws and repeatedly slam it onto the ground.  She also observed him kicking the dog on its underside numerous times.  My client admitted that he physically abused the dog in a fit of anger because she had defecated in the house, again.  The dog was examined by a veterinarian, who noted that the dog had severe injuries, including: subcutaneous emphysema over her right chest and abdomen, edema down the left and right sides, swelling of her chest, and several broken ribs.  The vet also noted air in the subcutaneous tissues over the dog’s back, abdomen, neck and sternum.  The dog’s chest appeared to be caved in on the right side, and had fluid around her kidney and liver.  The dog was left outside all night in severe distress.

The Crown was seeking 8-12 months in jail.  I argued for a CSO.  The judge followed case precedents, and imposed 90 days of jail, to be served intermittently (weekends only), followed by a period of probation.  He is also prohibited from owning pets for 10 years.