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Animal Welfare Act 1999

Offences - Further provisions relating to offences

168A: Burden of proof of reasonable excuse

You could also call this:

"You must prove you had a good reason for what you did if charged with an animal welfare offence."

If you are charged with an offence against certain sections of the Animal Welfare Act 1999, such as sections 14, 21, 22, 23, 34, 35, 36, 54, or 130, the prosecutor does not have to say in the charging document that you did not have a reasonable excuse. You have to prove that you had a reasonable excuse for what you did. This means it is up to you to show that you had a good reason for your actions.

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Part 8Offences
Further provisions relating to offences

168ABurden of proof of reasonable excuse

  1. In proceedings for an offence against any of sections 14, 21, 22, 23, 34, 35, 36, 54, and 130,—

  2. the prosecutor need not assert absence of reasonable excuse in the charging document; and
    1. the burden of proving that the defendant had a reasonable excuse lies on the defendant.

      Notes
      • Section 168A: inserted, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).