Jersey Unreported Judgments

2000/76

2 pages

ROYAL COURT

(Samedi Division)

 

29^th March, 2001

 

Before:    Sir Philip Bailhache, Bailiff, and

                                                      Jurats de Veulle and Allo.

 

 

The Attorney General

 

-v-

 

Philip Francis Ozouf.

 

1 count of causing unnecessary suffering to a cow by unreasonably omitting to have her humanely destroyed, contrary to Article 2(1)(b)             

                  of  the Protection of Animals (Jersey) Law 1980. (count 1);

1 count of  unreasonably authorising conveyance of a cow to the Abbatoir notwithstanding an injured rear right leg, thereby causing her 

                  unnecessary suffering, contrary to Article 2(1)(b) of the Protection of Animals (Jersey) Law 1980.   (count 2).

 

Age:     73.

 

Plea:    Facts admitted

 

Details of Offence: 

 

Prosecution case was that the animal had been caused unnecessary suffering by being left lame for an unreasonable period of time from 15^th March to early July when it should have been slaughtered by a vet at the farm prior to being taken for slaughter.  (count 1).  The hock of the right rear leg of the cow had become infected ( from an unknown cause) and resulted in "advanced sceptic arthritis".

On 5^th July the animal was transported whilst lame ( count 2 ).

 

Details of Mitigation:

 

Error of judgement.  No deliberate or wanton cruelty.  Good record as a farmer and herdsman.

 

Previous Convictions:        None.

 

Conclusions:               Count 1:                                         £300 fine.

                      Count 2:   £300 fine..

                     

 

Sentence & Observations of Court:

 

Count 1:  £100 fine or 1 week imprisonment in default of payment.

Count 2:  £100 fine or 1 week imprisonment in default of payment.

 

Matter ought to have been dealt with in the Magistrate's Court.  The degree of suffering was relatively minor in view of the fact that the animal was not destroyed for 8 hours after it had arrived at the abattoir.  Time period of suffering less than that suggested by prosecution.

 

 

 

                                              P. Matthews, Esq., Crown Advocate

                                           Advocate R.A. Falle for the Defendant.

 

 

 

JUDGMENT

 

 

 

 

THE BAILIFF: 

 

1.      The defendant has admitted causing unnecessary suffering to a cow by failing to have the animal put down as a result of an injury to its hock.

 

2.      There was no admission, and there is no evidence of wanton cruelty.   Indeed, the animal was seen by the farm vet only some 10 days before its delivery to the Abattoir, when its condition appeared to him to have improved.

 

3.      The defendant has conceded that there was an error of judgement, in that the animal ought to have been slaughtered in June rather than early in July.   Equally the animal ought not to have been transported to the Abattoir, although the fact that it was not dispatched for 8 hours after its arrival is an indication to us that it was not in any great distress.

 

4.      We think that rather heavy weather has been made of what are essentially minor infractions of the law.   Mr Ozouf will you stand up please.    On charge 1 you are fined £100, or in default of payment, 1 weeks imprisonment. On charge 2:  £100 or in default of  payment 1 weeks imprisonment consecutive, and there will be no order for costs.

 

No Authorities