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7. Offences against animals
 
  Article 63-Offences causing permanent injury  
63.1 Grievous harm  
  Grievous harm is the causing of serious injury to one or more animals which may be life threatening and/or involve permanent injury/loss of natural body function. Grievous harm is further defined into only three possible classifications-intentional grievous harm, negligent grievous harm and justifiable grievous harm.  
63.2 Intentional grievous harm  
  Intentional grievous harm is the intentional infliction of serious injury, without lawful excuse, to one or more animals which may be life threatening and/or involve permanent injury/loss of natural body function.  
 
 Primary Fact(s)
 1. That the animal(s) have suffered grievous harm.
 2. That the actions of the accused contributed to the injury.
 3. That the actions of the accused were done with the intent to cause grievous injury.
 
 
 Penalty Conditions (Level 2-Crime)
Type
 Condition(s)
1-3
 a) if committed with the intent to inflict grievous bodily harm to an animal;
4-6
 a) if committed out of mercenary motives by hire,
b) if attended by robbery with violence, racketeering, or banditry;
 
 
 Penalty Conditions (Level 3-Crime)
Type
 Condition(s)
1-3
 a) if committed by reason of national, racial, or religious hatred, or enmity or blood feud;
4-6
 a) of an animal who is known by the attacker to be in a state of pregnancy;
b) of an animal who is known by the attacker to be helpless state,
d) if involving the attack of two or more animals;
e) if committed in the attempt to murder the animal;
 
 
 Penalty Conditions (Level 4-Crime)
Type
 Condition(s)
1-3
 a) if committed with especial cruelty;
b) if committed in the attempt to murder the animal in order to conceal another crime;
4-6
 a) if including violent sexual actions;
b) if committed for the purpose of torture;
 
63.3 Negligent grievous harm  
  Negligent grievous harm is the infliction of serious injury to one or more animals which may be life threatening and/or involve permanent injury/loss of natural body function without deliberate intention to cause serious injury.  
 
 Primary Fact(s)
 1. That the animal(s) have suffered grievous harm.
 2. That the actions of the accused contributed to the injury.
 3. That the actions of the accused were not done with the intent to cause grievous injury.
 
 
 Penalty Conditions (Level 1-Crime)
Type
 Condition(s)
1-3
 a) a) cause by an impulsive reckless act not involving the use of machinery or weapons of any kind;
b) if owing to the general improper discharge by a person in the medical/vetinary profession of their professional duties;
4-6
 a) if committed by a driver as a result of a motor vehicle accident;
 
 
 Penalty Conditions (Level 2-Crime)
Type
 Condition(s)
1-3
 a) if owing to the deliberate abandoning without aid of an animal who is in a state of danger and who is deprived of the possibility of taking measures towards their self-preservation;
b) if committed in a state of sudden strong mental agitation;
c) if owing to the operation of machinery by a licensed operator;
4-6
 a) a) if owing to the failure to render aid to a sick animal without valid reasons, by a person who is duty-bound to render it;
b) if owing to the operation of machinery by an unlicensed operator;
 
63.4 Justifiable grievous harm  
  Negligent grievous harm is the infliction of serious injury to one or more animals which may be life threatening and/or involve permanent injury/loss of natural body function with lawful excuse.  
 
 Primary Fact(s)
 1. That the animal(s) have suffered grievous harm.
 2. That the actions of the accused contributed to the injury.
 3. That the actions of the accused were lawfully justifiable.
 
 
 Penalty Conditions (Level 1-Crime)
Type
 Condition(s)
1-3
 a) if committed in the defence of one's own life in one's own home against a dangerous animal;
b) if committed in the defence of the life of one's own children in one's own home against a dangerous animal;
4-6
 a) if committed in the defence of one's own life in one's own place of work against a dangerous animal;
b) if committed in the defence of the life of one's own children against a dangerous animal;
 
     
     
 
 

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