Summers v Society for the Prevention of Cruelty to Animals - [1991] 2 NZLR 469

Criminal law — Elements of crime — Mens rea — Statutory offences — Onus of proof — Protection of animals — Accused was convicted on charges of (i) cruelly ill-treating an animal, (ii) omitting to supply animals with sufficient food, water or shelter, and (iii) without reasonable excuse neglecting an animal — Whether on the first two sets of charges there was any onus on accused to prove his innocence — Whether on third set of charges there was onus on accused to prove reasonable excuse — Animals Protection Act 1960, s 3.

Criminal law — Sentence — Protection of animals — Accused was fined $750 and $500 on two charges of without reasonable excuse neglecting an animal — Whether fines were excessive — Animals Protection Act 1960, s 3