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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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It was happened on 12/11/2015, I didn't fall asleep until

Customer Question

it was happened on 12/11/2015, I didn't fall asleep until 6am due to my girl friend came to a party and came back at 5:30. I thought she's playing with another man and felt jealous and upset. The small puppy ran into bedroom roundabout 8 am, and I got
up wanna let her out, cos she's used to pissing in the bed. When I put her back, I found she's pissing and stool around in my flat. I felt angry and she's hiding under the sofa, I wanna put her out but she's so small and slippy(2kg) , however, I pulled to
much and hit her on the wall, I sent her to vet ASAP. Then the RSPCA charge me of abusing my dog. How can I get advocacy of innocence?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, thanks for requesting me but this is not my area of law. I will pass it on to a colleague of mine who can help.
Expert:  Jo C. replied 1 year ago.
Hello, that would be me. Who reported this to the RSPCA?
Customer: replied 1 year ago.
Maybe the vet, I send her to vet ASAP
Expert:  Jo C. replied 1 year ago.
Hi. I can help with this. Sorry if I am missing the point but I'm not sure on what basis you could defend this?
Customer: replied 1 year ago.
I was feeling frustrated and upset because my GF went to a party(single's party) and came back on 6 am. and puppy messed the flat up, then....I did a mistake
Expert:  Jo C. replied 1 year ago.
OK.
So what is your defence?
Customer: replied 1 year ago.
I mean, they accused me of abusing animal, but I didn't do it on purpose. I really have no idea of the animal law and don't know how to let myself out of trouble, I don't want to get any criminal record. Can you give me some suggestions about my case? I don't want to be a criminal
Expert:  Jo C. replied 1 year ago.
I'm really sorry but this is an offence I'm afraid.
There is no way around it.
Come what may, this was a conscious act and that is an offence.
I'm really sorry but that is a reality. You could make representations that this is not in the public interest but the RSPCA are not usually very receptive to that and also the reality is that it is in the public interest. This is not a case of neglect that could be improved upon by better eduction. This is just simple an act of animal cruelty and that is what the law was designed to deal with.
I'm very sorry but there is no realistic chance of avoiding a record and probably a ban.
Plead guilty and at least keep the costs low.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Thanks, what's the worst and best situation in my case then? I really don't think it is an conscious act, because my GF's behaviour interference me which makes me feel upset and stressful. And in general, this is not the first case, how will they punish me? Money penalty and no permitted for keeping animal? I'm a Chinese student, will I be send back to China because of that?
Expert:  Jo C. replied 1 year ago.
It was a conscious act. A relationship issue is entirely different and, while that is distressing, there is no excuse I'm afraid for taking it out upon a puppy.There is no prospect of a money penalty. I haven't seen the injuries obviously but a fine is not an option for the action you describe. It might cross the custodial threshold although usually people get suspended sentences. A community order is the only other options. Fines are not realistic.
Customer: replied 1 year ago.
Thanks a lot, but what can I do now? I'm not on purpose to hurt my dog and I'm the half owner of the puppy, if I just don't admit it is a offence but an accident, show my guilty and good attitude, I come to see my dog everyday. How will they punish me? Will that affect my residence in UK?
Expert:  Jo C. replied 1 year ago.
I would plead guilty on these facts. You don't have a defence.
You will have to declare it for residence purposes I'm afraid.
Customer: replied 1 year ago.
How about ask a lawyer defend for me? You think nothing they can help with this case? I really have no idea about this area, RSPCA will just give me a criminal record and that's all?
Expert:  Jo C. replied 1 year ago.
They can't do anything about the fact that you don't have a defence to the charge of S4 Animal Welfare Act.
Customer: replied 1 year ago.
Thanks so much, I have no defence, then I just need to wait for their investigation and plead my guilty, pay for the pet treatment fee? RSPCA told me that we can't get my puppy back until the investigation ends, that's to say, this case won't affect my future life a lot?
Expert:  Jo C. replied 1 year ago.
I'm really sorry but it is likely on these facts that they would ban you from keeping animals.
Customer: replied 1 year ago.
Thanks a lot, my girl friend love her very much, but the small puppy still stayed in vet and we can't take her out without permission. How will they deal with my puppy? Is there any chance they return it to my GF? my GF is also a student.
Expert:  Jo C. replied 1 year ago.
She isn't subject to any charges so that is possible but there would be a condition preventing you have care or even being alone with her. The court has to give reasons for not doing so under the new legislation.
Customer: replied 1 year ago.
OK, but if they can't sorted these stuff out within two weeks, I can't afford the dog treatment fee. Is that mean my GF can only take my dog home until to pay it off ? Am i still have half ownership of my dog after that?
Expert:  Jo C. replied 1 year ago.
The RSPCA probably will not release this puppy to anybody until the matter is dealt with at court.
You can ask but probably not.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
My small puppy almost self-recovered in this week, will they still punish me? and what's that would be? Ban me from keeping dog?
Expert:  Jo C. replied 1 year ago.
Yes, they will.
And yes you probably will.
Customer: replied 1 year ago.
And I will go to court next week, is there anything I can do to improve my situation? Just plead guilty?
Expert:  Jo C. replied 1 year ago.
There isn't a defence I'm afraid.
If they do prosecute there is no option.
Customer: replied 1 year ago.
Can I just confirm it again? Do you mean ,in my case, they will just punish me no keeping pet anymore? Based on previous experience, how will they do? Thanks
Expert:  Jo C. replied 1 year ago.
I would imagine that upon conviction they will make an order disqualifying you from keeping dogs as I have said.