(08) 9278 2575The Offence of Dog Stealing in Western Australia
Having your dog stolen can be a heartbreaking experience for many families and happens more often than you think. There has been a notable rise in dog thefts across Australia over the last 5 years, with many jurisdictions reforming their laws to make dog stealing a distinct and separate offence as a result.
The following outlines the offence of stealing a dog in Western Australia, the elements of the offence and the maximum criminal penalties that may apply.
Dogs As Stolen Property
Unlike some other Australian jurisdictions that have introduced stand-alone dog theft offences, Western Australia still treats dog theft under the general law of stealing and associated criminal provisions.
This stems from a common law principle known as domitae naturae or domestication, which means that “every tame animal… which is the property of any person, is capable of being stolen”. In practice, this means that pets such as dogs are treated as ‘property’ under the criminal law in WA.
In some other states, a specific animal theft offence has been introduced to reflect the special value of companion animals. For example, in South Australia, section 47A of the Summary Offences Act 1953 (SA) outlines an offence where a person “steals a dog, or has unlawfully in their possession a stolen dog knowing that the dog has been stolen”, carrying a maximum penalty of a $50,000 fine or 2 years imprisonment.
The Offence of Stealing A Dog in WA
The offence of stealing is outlined under section 371 of the Criminal Code Compilation 1913 (WA) (‘the Code’), which states that ‘stealing’ involves fraudulent taking or conversion of property belonging to another with intent to permanently deprive the owner of it. Dog stealing is encompassed by the definition.
Section 378 of the Code states that the maximum penalty for this offence is 7 years imprisonment if prosecuted through indictment in the District Court or 2 years imprisonment and/or a fine up to $24,000 if prosecuted in the Magistrates Court as a summary offence.
The Offence of Receiving A Stolen Dog in WA
Receiving or being in possession of a stolen dog may also amount to an offence outlined under section 417 of the Code, which makes it a criminal offence to possess property knowing, or being reckless as to whether, that property was stolen or unlawfully obtained.
A person who accepts or keeps a dog knowing that it was taken from its owner without consent may be criminally liable, even if they were not involved in the original theft.
The maximum penalty for an offence under section 417 of the Criminal Code WA is 7 years imprisonment if prosecuted on indictment in the District Court, or 2 years imprisonment and/or a fine of up to $24,000 if dealt with summarily in the Magistrates Court.
Defences to Dog Stealing
The defences that may apply to dog stealing offences appear to be largely focused on negating the core elements of the offence.
In order for the stealing offence to be made out, the prosecution must prove that there was an intention to permanently deprive the owner. In the absence of proof of the intent to permanently deprive, the offence cannot be proved. So, for example, in circumstances where a person takes a dog temporarily (such as whilst having a genuine belief it was lost or abandoned), the element of intent would not be established and the offence would not be made out.
Another defence that might be raised is a “claim of right” under section 22 of the Code. A claim of right defence applies if a person honestly believed they had a legal right to take a dog, even if that belief was mistaken, provided it was a genuinely held belief.
Of course, whether these defences apply will depend on the specific facts of the case, particularly the accused’s state of mind at the time the dog was taken and the surrounding circumstances of the alleged offence.
The Importance of Expert Legal Advice
Being charged with dog stealing or possession of a stolen dog is a serious criminal matter in Western Australia. The law treats pets as property, and the penalties can be significant, including imprisonment or hefty fines.
If you are facing allegations of dog theft, receiving a stolen dog, or related offences, it is crucial to seek advice from an experienced criminal lawyer. Andrew Williams is a highly skilled Criminal Lawyer and Barrister with offices in Perth and Fremantle who can provide expert guidance, protect your rights, and help achieve the best possible outcome for your case.
Call Now: (08) 9278 2575
PLEASE NOTE: The material in this blog post is for informational use only and should not be construed as legal advice. For answers to your questions regarding this or other topics, please contact a professional legal representative.
