R. v. Bailey, 2002 NSSC 212 (CanLII)

Gail & Dana's court case from 2002 Animal cruelty charges is available on line...

IN THE SUPREME COURT OF NOVA SCOTIA

2002NSSC212 S.D. No: 0999

DANA BAILEY and GAIL BENOIT APPELLANTS

- and -
HER MAJESTY THE QUEEN

HEARD: At Digby, Nova Scotia on June 5, 2002
Reflex Record (related decisions, legislation cited and decisions cited)

[1] Bailey and Benoit, who were jointly charged in an Information, bring this appeal from both conviction and sentence. They were convicted, after trial, of two offences alleging that

“At or near Marshalltown, in the County of Digby, Province of Nova Scotia did willfully cause unnecessary suffering to a dog by neglecting to provide adequate food and water, contrary to Section 11(1) of the Animal Cruelty Prevention Act.”

and

“At or near Marshalltown, in the County of Digby, Province of Nova Scotia, did willfully cause unnecessary suffering to a dog by neglecting to provide it basic medical attention and adequate food and water, contrary to section 11(1) of the Animal Cruelty Prevention Act.”

The major focus of the trial as reflected in the evidence was the condition of a female dog which had recently birthed and suckled thirteen pups. She was described by the veterinarian, Dr. Pothier, whose evidence Judge Prince clearly accepted, as “emaciated”. It was the sight of this dog in her immediate circumstances on a cold day in November that prompted Rebecca Longmire to report this animal “in a neglected state”. Indeed, among the opening words of the Crown Prosecutor in his final submissions, were “it’s clear...that the animals in this case...were not properly cared [sic] and not maintained.”

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