The appellant was convicted of two offences: wilfully killing a dog without lawful excuse, and wilfully causing unnecessary pain and suffering to a dog by strangulation and suffocation with tape and a chain.
The dog was found dead in the appellant's yard, tethered to a tree with a choke chain and electrical tape wrapped around its muzzle.
The trial judge found that the dog died by strangulation on the choke chain and that the tape was a contributing cause.
The trial judge convicted the appellant based on findings that the appellant knew the dog would struggle and suffer, and was reckless as to whether the dog would die.
The Court of Appeal allowed the appeal in part, setting aside the conviction for wilfully killing the dog while upholding the conviction for wilfully causing unnecessary pain and suffering.
