The defendant sought judicial review of his convictions under section 4 and section 9 of the 2006 Act. Police had, on the advice of veterinary surgeons removed over one hundred horses for their protection.
Held: Review was granted, and the mattr remitted. It was incorrect to enter a conviction under section 9 of the 2006 Act where the defendant had been acquitted of an offence under section 4 and the neglect shown under section 9 was in fact no worse than that which had caused the unnecessary suffering founding the conviction under section 4. Though no objection could be taken to convictions under each section in respect of the same animal, that could only be proper where some additional evidence justified the more serious conviction.
Judges:
Toulson LJ, Silber J
Citations:
[2013] EWHC 500 (Admin), [2014] 1 WLR 818, (2013) 177 JP 329, [2013] CTLC 157, [2013] WLR(D) 204, [2013] 3 All ER 346
Links:
Statutes:
Jurisdiction:
England and Wales
Crime, Animals
Updated: 13 September 2022; Ref: scu.471683