Only 4 per cent of animal abusers get jail time, cruelty charges review finds

A Victorian-first review of animal cruelty charges has found some startling results, revealing which gender is most likely to offend, and how the vast majority of offenders avoid a prison sentence.

Just one in 25 offenders convicted of animal cruelty offences received a prison sentence while the majority of cases ended with fines of less than $2000, a Victorian-first review has revealed.

The analysis, conducted by the Sentencing Advisory Council, reviewed cases of animal welfare and sentencing in the 10-year period between 2008 and December 2017.

It looked at data from 1,115 cases in Victoria and 2,960 charges of animal cruelty and found the most common offences were aggravated cruelty (739 cases) and neglect of treatment (719 cases).

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This 8-week-old kitten was found in a plastic bag. Picture: Tony Gough

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Of this, 60 per cent of offenders received a fine for their actions — while a third of those charged appealed their case.

Alarmingly though, within four years of being convicted almost one third of offenders ended up back in court for further offending of some kind.

In 2016 and 2017, 35 cases were a result of family violence incidents relating to bail, intervention orders and causing intentional injury.

These cases had a higher rate of receiving serious sentences and imprisonment.

Council Chair Professor Arie Freiberg said that while animal cruelty was always concerning, it was positive to note intentional cruelty wasn’t as common.

Look at those eyes: this dog was rescued by the RSPCA. Picture: Shy Wolf Photography

“One of the most important findings in this research is that most animal cruelty in Victoria is not the kind of sensational cruelty that generates much news, but rather involves people who have, for whatever reason, not provided adequate food, drink or veterinary treatment for their animals,” Mr Freiberg said in a statement.

“There is clear community interest in animal welfare, and in how the criminal justice system responds to animal cruelty committed by individuals or corporations.”

The RSPCA and Victoria Police addressed the highest portion of these cases in which 11,000 cruelty complaints were heard.

RSPCA Victoria CEO, Dr Liz Walker, said the report reinforces their work in the community and shows a community concern for animal welfare.

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“The community cares about animal welfare and expects appropriate sentences for cruelty

cases, so it is really valuable to have clarity around how the criminal justice system handles these cases,” Dr Walker said.

The review also found men to be the highest offenders (75 per cent), three times more likely to offend than females.

The age of offenders across all areas of the study ranged from 11 to 83 years of age and only five cases of cruelty towards animals was by corporations.

The analysis comes after champion horse trainer Darren Weir had his racing license suspended after electrical ‘jiggers’ were found on his property.

Weir was charged after a two-year investigation, and he did not contest the charges.

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