ANIMAL CRUELTY OFFENCES (NSW)
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Award Winning Criminal Law Experts
We have won several criminal defence and client service excellence awards every year up to and including 2025.
Proven Track
Record
60+ Years of combined experience defending criminal matters means a successful outcome is on the table.
5 Star Reviews
Everywhere
We’re in it to win it and we fight hard for our clients. That’s why anywhere you look you will find only 5 star reviews.
Easy Finance
Options
Get urgent premium legal representation now and pay later with affordable fortnightly or monthly payments.
In recent years, public issues such as live exports and the treatment of greyhounds and racehorses in the animal racing industry have caused a significant stir for law reform in favour of strengthening animal cruelty offences, to afford greater animal protection and animal welfare across a range of industries, including racing, hunting and agriculture. The strong voice of advocacy and lobby groups such as the RSPCA, the Animal Welfare League and PETA have all resulted in significant steps to protect the interests of animals, and animal rights, generally.
In NSW, animal cruelty offences are dealt with under both the Prevention of Cruelty to Animals Act 1979 (NSW) and the Crimes Act 1900 (NSW). Under the Prevention of Cruelty to Animals Act (PCAA), “animal” is given a broad definition and includes amphibians, birds, fish, mammals (other than humans), and reptiles.
Speak to a lawyer today
At Jameson Law, our expert criminal defence lawyers specialise in all aspects of criminal law, animal law and offences relating to cruelty to animals. For a free consultation and legal advice, or for general information on how we may be able to assist in your matter, contact our legal practice today.
What is animal cruelty?
Animal cruelty is given a particular definition under section 4(2) of the PCAA, and an “act of cruelty” in that Act is defined to include:
“Any act or omission as a consequence of which the animal is unreasonably, unnecessarily or unjustifiably:
1. Beaten, kicked, killed, wounded, pinioned, mutilated, maimed, abused, tormented, tortured, terrified or infuriated,
2. Overloaded, overworked, overdriven, overridden or overused,
3. Exposed to excessive heat or excessive cold, or
4. Inflicted with pain.”
What is significant about this definition is that a person does not have to do a particular act to be found guilty of an act of cruelty. It is sufficient that a failure to take reasonable, necessary or justifiable steps to avoid any of the above circumstances will also constitute an offence and may result in criminal charges.
What is the offence for committing an act of cruelty?
Under section 5 of the PCAA, it is an offence to commit an act of cruelty (as defined above) upon an animal. This offence extends to a person in charge of an animal who authorises the commission of an act of cruelty, or a failure to, at any time:
take reasonable care, control or supervision of an animal to prevent the commission of an act of cruelty upon the animal,
where pain is being inflicted upon the animal, to take such reasonable steps as are necessary to alleviate the pain, or
where it is necessary for the animal to be provided with veterinary treatment, whether or not over a period of time, to provide it with that treatment.
An offence under section 5 carries with it a maximum penalty of 1 year imprisonment for an individual, or a fine of $550,000 for a body corporate.
There are also a range of supplementary offences under the PCAA which create criminal offences for a range of other acts towards animals, including:
1. Failing to provide an animal with food, drink or shelter,
2. Failing to provide confined animals with adequate exercise,
3. Unreasonable tethering of animals,
4. Abandonment of animals,
5. Performing certain procedures upon animals (docking of tails, cropping of ears, branding of the face of an animal, etc.),
6. The use of poisons, certain electrical devices and spurs,
7. Baiting or conducting fighting,
8. Bull-fighting and trap-shooting and
9. Live baiting or coursing.
Generally, these offences carry a maximum penalty of 6 months imprisonment or a fine of $5,500, but can increase up to 2 years imprisonment (such as for live baiting or coursing).
In a nutshell...
Acts of cruelty are governed by the Prevention of Cruelty to Animals Act 1979 (NSW). This act creates a range of offences for any act (including a failure to act, where possible) which unreasonably, unnecessarily or unjustifiably exposes an animal to discomfort or pain (such as torturing, wounding, killing, etc.). The Act also creates criminal offences for a range of other specific activities.
Serious animal cruelty charges
In addition to the above, the Crimes Act 1900 (NSW) creates a number of “serious animal cruelty” offences that are designed to criminalise certain activities relating to the treatment of greyhounds. Under section 530 of the Crimes Act, a person may be charged with an offence of serious animal cruelty if they have tortured, beaten or committed some other serious act of cruelty upon an animal, and as a result of that cruelty, they have killed, seriously injured, or caused prolonged suffering to the animal. In addition, a prosecution case will need to prove beyond reasonable doubt that the person committed the acts with the intention of inflicting severe pain. Note that under the Crimes Act, “animal” is defined in a more limited way than under the PCAA, and includes simply a “mammal, bird or reptile”. This is the most serious animal law offence in NSW, and carries with it a severe maximum penalty of 5 years imprisonment, or where the action was reckless, 3 years imprisonment. Various defences do exist to excuse certain activities, such as where an action that would otherwise constitute a criminal offence, was carried out under some authority conferred under another law (such as the Animal Research Act 1985 (NSW).
Speak to a lawyer today
For a free consultation and a confidential discussion about whether you may have committed an act of cruelty, or believe somebody may have done so, speak to our expert criminal defence lawyers today. Our experienced criminal lawyers specialise in all aspects of criminal law, including animal law. With us on your side, you can be confident that you will get the best legal advice and advocacy to ensure the outcome you deserve.
Who can prosecute animal cruelty charges?
Under the PCAA, criminal charges for an act of cruelty are able to be brought not only by a police officer but also by animal welfare bodies such as the AWL or the RSPCA (similarly, in Victoria by the Animal Law Institute). These prosecutions can often be complex, and so if you require legal advice about your rights under criminal law, our experienced criminal defence lawyers are able to provide sound advice and make submissions on your behalf so that you can successfully defend yourself with confidence.The above is general legal information and should not be considered legal advice. You should speak with one of our family lawyers for legal advice tailored to your specific legal matter. The courts deal with matters on a case by case basis. It should also be noted that there may be court delays due to COVID-19.
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FAQs
Frequently Asked Questions.
An animal cruelty charge can come into play where it is established that a person or corporate was involved in:
“Any act or omission as a consequence of which the animal is unreasonably, unnecessarily or unjustifiably:
- beaten, kicked, killed, wounded, pinioned, mutilated, maimed, abused, tormented, tortured, terrified or infuriated,
- overloaded, overworked, overdriven, overridden or overused,
- exposed to excessive heat or excessive cold, or
- inflicted with pain.”
An offence under section 5 carries with it a maximum penalty of 1 year imprisonment for an individual, or a fine of $550,000 for a body corporate.
The law covers a person having or even not having to do a particular act to be found guilty of an act of cruelty. It is sufficient that a failure to take reasonable, necessary or justifiable steps to avoid any of the above circumstances will also constitute an offence and may result in criminal charges.
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Balmain Local Court
- 1300 679 272
- local-court-burwood@justice.nsw.gov.au
- 368 Darling Street, Balmain NSW 2041
Registry: Monday to Friday, 9:00am to 4:30pm
Bankstown Local Court
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- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
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- PO Box 217 BLACKTOWN NSW 2148
- local-court-blacktown@justice.nsw.gov.au
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Campbell Local Court
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- (02) 9821 7888
- PO Box 3435 LIVERPOOL WESTFIELDS NSW 2170
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- 150 George Street LIVERPOOL NSW 2170
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Downing Local Court
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- PO Box 5395 WOLLONGONG NSW 2500
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- 143-147 Liverpool Street, Sydney NSW 2000
- Nearest Train Station: Museum Station (Liverpool Street entrance is directly opposite)
- Levels: Local Court matters are heard on levels 4 and 5.
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Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
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Fairfield Local Court
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Hornsby Local Court
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Liverpool Local Court
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Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
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Manly Local Court
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- PO Box 71 BANKSTOWN NSW 2200
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Newtown Local Court
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Parramatta Local Court
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Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
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Penrith Local Court
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Sutherland Local Court
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- PO Box 37, Sutherland 2232
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Telephone Hours: 8:30 – 4:30
Waverley Local Court
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- PO Box 71 BANKSTOWN NSW 2200
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- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Windsor Local Court
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- PO Box 71 BANKSTOWN NSW 2200
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- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Wollongong Local Court
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Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
District Courts
Downing Centre District Court
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Parramatta District Court
- (02) 8688 7777
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Registry Hours: 9:00 – 4:30
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Penrith District Court
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- 64-72 Henry Street, Penrith NSW 2750
Registry Hours: 9:00 – 4:30
Days open: Mon-Fri
Campbelltown District Court
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- Railway Street, Campbelltown NSW 2560
Registry Hours: 9:00 – 4:30
Days open: Mon – Fri
Liverpool District Court
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Registry Hours: 9:00 – 4:30
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Wollongong District Court
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- 97-99 Market Street, Wollongong NSW 2500
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
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Supreme Courts
Supreme Court New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
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- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Federal Court
Federal Circuit and Family Court of Australia
- 1300 352 000
- (02) 9230 8000
- GPO Box 9991, Sydney NSW
- enquiries@fcfcoa.gov.au
- Lionel Bowen, Building, 97/99 Goulburn St, Sydney NSW 2001
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 5:00 PM
Days Open: Monday to Friday
Federal Court
- 1300 720 980
- (02) 9230 8020
- GPO Box 9991, Sydney NSW
- enquiries@fedcourt.gov.au
- 97-99 Goulburn St in the heart of the Sydney CBD
Monday to Friday, 8:30 AM – 4:30 PM
High Court
- (02) 6270 6811
- (02) 6270 6868
- Parkes Place, Canberra ACT 2600
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- Parkes Place, Canberra ACT 2600
Monday to Friday, 8:30 AM – 5:00 PM
Specialised Courts
Children’s Court of New South Wales
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- (02) 9722 6060
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
- PO Box 71 BANKSTOWN NSW 2200
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Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Coroner’s Court New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
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- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Industrial Relations Commission of New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Land and Environment Court of New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
