The Legal Light Justin Stack Penalties rise following increase in animal cruelty A NSW court recently convicted a grandfather of animal cruelty for throwing a live chicken into an alligator pen at a wildlife park. As park visitors looked on horrified, the alligator caught the chicken and chomped down on it. The wildlife park told the court it was a treasured pet silkie bantam chook called Betty White that was friendly to visitors. The Local Court heard the man picked up the chicken out of its pen, put it under his jacket and walked over to the alligator pen to throw it in. The man pleaded guilty to an act of aggravated animal cruelty, the highest level of animal cruelty charges, which under the Prevention of Cruelty to Animals Act 1979 can attract a fine of $22,000 and two years jail. During the sentencing hearing, the man's lawyer argued that 790 million chickens are slaughtered every year for human consumption, and that it was really the alligator which inflicted the cruelty by eating the live chicken, not his client. It was not an argument accepted by the magistrate. He spared the man jail, but imposed a nine month sentence in the community. Marni Kennedy at Stacks Law Firm says the man was lucky, as under new legislation, the Prevention of Cruelty to Animals Amendment Act 2021, penalties for animal cruelty have increased significantly. "The penalty for animal cruelty rises from a $5,500 fine and/or six months jail to $44,000 and/or 12 months jail. For a corporation the penalty is now $220,000," Ms Kennedy said. The penalty for aggravated animal cruelty rises from a $22,000 fine and/or two years jail to a $110,000 fine and/or two years jail. For a corporation the fine rose from $110,000 to $550,000. Ms Kennedy said aggravated cruelty is when a cruel act by a person results in the death or serious disablement of an animal. "The tougher penalties come after a steep increase in reports of animal cruelty in the past few years. In NSW, the RSPCA received 17,093 complaints of animal cruelty in 2024, up 21 per cent on the previous year. "It may be due to the increased cost of living and people being unable to afford to keep their pets, but stories of starving, abandoned and caged animals are horrific. "There is a defence against animal cruelty charges for tailing or branding of stock animals, and for hunting and preparing an animal for human consumption, if it causes no unnecessary pain. "But animal cruelty under the law includes physical abuse, neglect, abandonment, animal fighting and confinement. Offenders can also be banned from owning or working with animals for a period of time." STACKS LAW FIRM Sandra Jeremy Lawyer No Win, No Fee Conditions apply 02 6592 6592 taree.stacklaw.com.au Partners in life The Legal Light Justin Stack Penalties rise following increase in animal cruelty A NSW court recently convicted a grandfather of animal cruelty for throwing a live chicken into an alligator pen at a wildlife park . As park visitors looked on horrified , the alligator caught the chicken and chomped down on it . The wildlife park told the court it was a treasured pet silkie bantam chook called Betty White that was friendly to visitors . The Local Court heard the man picked up the chicken out of its pen , put it under his jacket and walked over to the alligator pen to throw it in . The man pleaded guilty to an act of aggravated animal cruelty , the highest level of animal cruelty charges , which under the Prevention of Cruelty to Animals Act 1979 can attract a fine of $ 22,000 and two years jail . During the sentencing hearing , the man's lawyer argued that 790 million chickens are slaughtered every year for human consumption , and that it was really the alligator which inflicted the cruelty by eating the live chicken , not his client . It was not an argument accepted by the magistrate . He spared the man jail , but imposed a nine month sentence in the community . Marni Kennedy at Stacks Law Firm says the man was lucky , as under new legislation , the Prevention of Cruelty to Animals Amendment Act 2021 , penalties for animal cruelty have increased significantly . " The penalty for animal cruelty rises from a $ 5,500 fine and / or six months jail to $ 44,000 and / or 12 months jail . For a corporation the penalty is now $ 220,000 , " Ms Kennedy said . The penalty for aggravated animal cruelty rises from a $ 22,000 fine and / or two years jail to a $ 110,000 fine and / or two years jail . For a corporation the fine rose from $ 110,000 to $ 550,000 . Ms Kennedy said aggravated cruelty is when a cruel act by a person results in the death or serious disablement of an animal . " The tougher penalties come after a steep increase in reports of animal cruelty in the past few years . In NSW , the RSPCA received 17,093 complaints of animal cruelty in 2024 , up 21 per cent on the previous year . " It may be due to the increased cost of living and people being unable to afford to keep their pets , but stories of starving , abandoned and caged animals are horrific . " There is a defence against animal cruelty charges for tailing or branding of stock animals , and for hunting and preparing an animal for human consumption , if it causes no unnecessary pain . " But animal cruelty under the law includes physical abuse , neglect , abandonment , animal fighting and confinement . Offenders can also be banned from owning or working with animals for a period of time . " STACKS LAW FIRM Sandra Jeremy Lawyer No Win , No Fee Conditions apply 02 6592 6592 taree.stacklaw.com.au Partners in life