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Ministry for Primary Industries v Brolly [2021] NZDC 4000

Published 11 March 2022

Sentencing — failure to ensure animals received proper and sufficient food — failure to ensure animals received protection from parasites — animal within care dying due to ill-treatment — malnutrition — calves — animal welfare standards — public interest — Animal Welfare Act 1999, ss 9, 12 & 29 — Sentencing Act 2002, ss 7 & 8. The defendant farmer appeared for sentence, having pleaded guilty to seven charges under ss 12 and 29 of the Animal Welfare Act: one charge of failing to ensure calves received proper and sufficient food; one of failing to ensure calves received protection from parasites; two that a calf within his care died due to ill-treatment; two that a calf within his care suffered from malnutrition due to ill-treatment; and one that a calf within his care suffered from malnutrition. Each charge carried a maximum penalty of 12 months' imprisonment and/or a fine of up to $12,000. The defendant was a lease farmer with 245 calves in his care. An inspection by an animal welfare inspector and veterinarian reported the calves looking emaciated; laboratory results from fecal samples from a sample of 10 calves revealed they were significantly affected by parasitic worms. The attending veterinarian stated it was one of the worst cases he had seen in 25 years. In considering an appropriate sentence for the offending, the Judge considered the principles in s 7 of the Sentencing Act: accountability, responsibility, upholding the interest of the victim, denunciation, deterrence and rehabilitation. The Judge assessed the gravity of the offending to ascertain an appropriate starting point. All parties agreed a term of imprisonment was not appropriate, and the Judge adopted a starting point of $20,000 for the fine. There were no aggravating features of the offending as the defendant had otherwise been of good character and had never come before the court before. The mitigating features of the offending were an early guilty plea (for which a 25 per cent discount was given), genuine remorse and personal circumstances (for which a further 15 per cent discount was given). The Judge imposed a final final of $12,000 and veterinary costs of $5,292.20. Judgment Date: 8 March 2021.