R (Gray (James) and Gray (Julie)) v Crown Court Aylesbury and RSPCA [2013] EWHC 500 (Admin) – Ss 4, 9, 18 and 33 AWA – s 18 POA – r 45.2 CrimPR.
1) negligence causing unnecessary suffering to an animal is sufficient to found an offence under s 4 AWA.
- proof of knowledge by D that animal showing signs of unnecessary suffering not required.
2) neglect of an animal under s 9 AWA does not require proof of unnecessary suffering.
- D is required to provide an objective standard of care.
3) a vet’s certification under s 18 AWA must be in writing.
– but, s 18(6) provides circumstances where a certificate is not required.
4) Crown Court, acting in appellate capacity, has jurisdiction to make deprivation order under s 33 AWA.
5) D can be prosecuted and convicted of an offence under both ss 4 and 9 AWA in respect of the same animal; it is not duplicity.
– but, where neglect under s 9 no wider than conduct causing unnecessary suffering under s 4, not right to convict for the lesser offence.
6) normal rule, that costs should not be grossly disproportionate to the fine, is subject to exceptions, where justice so required, with particular regard to the factors set out in r 45.2(7) CrimPR.
7) no rule to prevent a court making a costs order which entails costs being paid solely out of capital assets.
8) Crown Court should review costs order handed down by Magistrates Court, but discretion not to do so where inadequate information available.
9) where several Ds, costs against each D should be what reasonable if they had been tried alone.
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Related case digests
- James v RSPCA [2011] EWHC 1642 (Admin) – S 18(5) AWA.
- statutory interpretation – words must be given their ordinary meaning, but subject to the context of the statutory provision in which they appear. - meaning of “certifies” – a vets certification under s 18(5) AWA does not have to be in writing.