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7. Offences against animals
 
  Article 64-Offences causing temporary injury  
64.1 Minor harm  
  Minor harm is the causing of minor injury to one or more animals which is not life threatening and/or does not involve permanent injury/loss of natural body function. Minor harm is further defined into only three possible classifications-intentional minor harm, negligent minor harm and justifiable minor harm.  
64.2 Intentional Minor harm  
  Intentional minor harm is the intentional infliction of minor injury, without lawful excuse, to one or more animals which is not life threatening and/or does not involve permanent injury/loss of natural body function.  
 
 Primary Fact(s)
 1. That the animal(s) have suffered minor harm; and
 2. That the actions of the accused contributed to the injury; and
 3. That the actions of the accused were done with the intent to cause minor or grievous injury.
 
 
 Penalty Conditions (Level 1-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 2-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 3-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;
 
64.3 Negligent Minor harm  
  Negligent minor harm is the infliction of minor injury to one or more animals which is not life threatening and/or does not involve permanent injury/loss of natural body function without deliberate intention to cause injury.  
 
 Primary Fact(s)
 1. That the animal(s) have suffered minor harm; and
 2. That the actions of the accused contributed to the injury; and
 3. That the actions of the accused were not done with the intent to cause minor or grievous injury.
 
 
 Penalty Conditions (Level 1-Crime)
Type
 Condition(s)
1-3
 a) if committed by a driver as a result of a motor vehicle accident;
b) if owing to the general improper discharge by a man or woman in the medical/vetinary profession of their professional duties;
4-6
 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;
 
 
 Penalty Conditions (Level 2-Crime)
Type
 Condition(s)
1-3
 a) if committed by a man or woman previously convicted of the same offence;
b) if owing to the general improper discharge by a man or woman of their professional duties;
4-6
 a) if owing to the failure to render aid to a sick animal without valid reasons, by a man or woman who is duty-bound to render it;
b) if owing to the operation of machinery by an unlicensed operator;
 
64.4 Justifiable minor harm  
  Justifiable minor harm is the infliction of minor injury to one or more animals which is not threatening and/or does not involve permanent injury/loss of natural body function with lawful excuse.  
 
 Primary Fact(s)
 1. That the animal(s) have suffered minor harm; and
 2. That the actions of the accused contributed to the injury; and
 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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