where defendant retains plaintiff’s dog pending outcome of related criminal proceedings
Quick Take
1Under s 24J(2) of the Prevention of Cruelty to Animals Act 1979 (NSW), where criminal proceedings are commenced within 60 days of seizure, an inspector may retain the animal until those proceedings are finally determined; the 60-day period is not an absolute maximum retention period.
2Criminal proceedings are commenced on the date a court attendance notice is filed in the court registry (Criminal Procedure Act 1986 (NSW) s 178(1)); the former requirement under s 177(4) for an endorsement as to service was repealed in 2006 and reliance on Sharman v Director of Public Prosecutions [2006] NSWSC 135 on that point is misplaced.
3Any application for interim release of a seized animal pending determination of criminal proceedings under the proviso in s 24J(2) ('unless the court otherwise directs') is a matter for the Local Court hearing the prosecution, not the Supreme Court on judicial review.
