22-Year-Old Narrowly Misses Jail Time For Abandonment Of Dog, Failing To Surrender, Driving While Disqualified & Other Traffic Offences
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By Alric Lindsay
In Summary Court yesterday, November 18, 2024, Daury Martinez Encarnacion was fined $500 for abandonment of an animal. He was also fined $725 for traffic offences and failing to surrender to custody.
Details of animal abandonment
Regarding the animal abandonment, counsel from the Office of the Director of Public Prosecutions explained that Martinez’s dog went missing on November 20, 2019. He later learned from a friend that the dog had been taken to the Department of Agriculture. Martinez attended the DOA and identified himself as the owner.
After being cautioned, Martinez admitted that the dog was not licensed.
Sentencing for animal abandonment
Before sentencing in Summary Court, the judge reminded Martinez that he could face a maximum fine of $4,000 or imprisonment for abandoning his dog.
The judge added that, notwithstanding his young age, “22 is old enough now to start facing the consequences of your decision-making, which has been exceedingly poor for the past few years.”
However, the judge was lenient on Martinez, fining him $500 for the offence. If he does not pay, he could face five weeks in custody.
Sentencing for traffic offences
Concerning his first set of traffic offences, the judge fined him $200 for driving while disqualified, $300 for driving without insurance, $50 for not having a certificate of roadworthiness and $150 for driving a vehicle with expired registration (the vehicle wasn’t registered for two years).
Regarding the second set of traffic offences, the judge noted that Martinez was caught driving at a time when the Court already disqualified him. However, the judge was lenient and ordered that he complete 80 hours of community service. In addition, Martinez will be disqualified for a further two years from November 24 (the end of his existing driving disqualification).
While delivering the above sentences, the judge noted that Martinez should have been charged with a further driving offence in relation to an incident on March 22, 2024. The fact that this charge did not appear in Summary Court indicated an oversight by the prosecution. Had it been included, Martinez would have surely faced prison.
Sentencing for failure to surrender
Finally, Martinex was fined $25 for failing to surrender, bringing the total of all fines to $1,225.
Note to readers:
For the offence of abandonment of his dog, Martinez was charged under section 70(2) of the Animals Act. This states:
Cruelty to animals an offence
70. (1) A person who — (a) beats, ill-treats, over-rides, over-drives, overloads, tortures, infuriates or terrifies an animal or causes or procures, or, being the owner, permits any animal to be so used; (b) by wantonly or unreasonably doing or omitting to do any act, or causing or procuring the commission or omission of any act, causes any unnecessary suffering or, being the owner, permits any unnecessary suffering to be so caused to any animal; (c) works, or causes to be worked, any domestic animal in such a condition as to be unfit for work, whether from emaciation, or from any gall, sore or otherwise, and whether or not that condition is caused by disease or deficient feeding; (d) wilfully, without any reasonable cause or excuse, administers or causes or procures, or, being the owner, permits, such administration of, any poisonous or injurious drug or substance to any animal, or wilfully, without any reasonable cause or excuse, causes any such substance to be taken by any animal; (e) subjects, causes or procures, or, being the owner permits, to be subjected, any animal to any operation which is performed without due care and humanity; or (f) tethers, confines or keeps any animal on a lead under such conditions or in such manner as to cause that animal unnecessary suffering, commits an offence of cruelty and is liable on summary conviction to a fine of four thousand dollars and to imprisonment for one year.
(2) A person who, being the owner or having charge or control of any animal, without reasonable cause or excuse, abandons it, whether permanently or not, in circumstances likely to cause the animal any unnecessary suffering or causes or procures or, being the owner, permits it to be so abandoned, commits an offence of cruelty and is liable on conviction to a fine of four thousand dollars and to imprisonment for one year.
