Published 15 February 2019
Sentencing — driving with excess breath alcohol — careless driving — driving while disqualified — failing to ensure adequate care of animal. The defendant appeared for sentencing on a range of charges: one of driving with an excess breath alcohol level, one of careless driving, one of driving while disqualified, two of breach of community work, one of intentional damage, one of resisting, one of breach of bail and four of failure to ensure adequate care of an animal. The charges of failing to ensure adequate care of an animal arose in respect to his two dogs. An SPCA inspector had found them emaciated and infected with worms and fleas. The court found that in view of the offending, imprisonment was inevitable. Aggravating features of the offending included significant neglect of the dogs, as well as abuse of a position of trust regarding their care. The court adopted a starting point of six months' imprisonment, and applied a one and a half month discount for guilty plea. The court approached the driving charges as discrete offending requiring a cumulative sentence, setting a sentence of nine-months' imprisonment for the drink driving and driving while disqualified charges, along with an extra one month for the remaining charges. With full discounts for guilty pleas, the final sentence was 12 months' imprisonment. The defendant was also indefinitely disqualified from holding or obtaining a driver's licence, disqualified from owning or possessing a dog for three years, and ordered to pay SPCA $455.78 in reparations.
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