THE LEGAL STATUS OF A DOG
Under Australian law a dog is classified as a 'chattel' i.e. movable property, and hence a dog can be legally owned and can be legally stolen.
I am the legal owner of Beau and this will never change because I have not willingly nor legally sold Beau nor passed legal ownership of Beau over to someone else, including any organisation involved in the handling, treatment and re-homing of dogs.
The stealing of a dog is a crime.
CRIMES ACT 1900 SECTION 132 - STEALING DOGS
This legislation states: "Whosoever, having been summarily convicted under this or any former Act, of any such offence as is hereinafter in this section mentioned, afterwards,
steals any dog, or
has unlawfully in his or her possession any stolen dog, knowing such dog to be stolen, shall be liable to imprisonment for one year."
It was the expert opinion of the Police that Beau had been stolen. On 8 July 2003 the Police completed a crime report and issued me with a Police Crime report number. Hence, Beau is a legally stolen dog under Australian law.
The completion of a Police crime report is very important.
When the location of the stolen dog is determined, the Police can organise a search warrant so that the dog cannot be harmed or moved on, enter the premises and return the stolen dog to his or her legal owner. There is no requirement for the legal owner of the stolen dog to go to court in order for his or her dog to be returned to them.
The Police investigate a crime with the aim of finding the offender. The Police do not have the resources to investigate the crime of stealing a dog unless you have a definite suspect and can provide proof that this suspect stole your dog. Even in this case, dog stealing is not a priority for the Police.
This does not mean that a crime has not been committed and the dog has not been stolen.
In addition to the Crimes Act 1900 Section 132, please read the following legislation:
Reprint No. 7A effective 1 July 2009 of the Criminal Code Act 1899 by the Office of the Queensland Parliamentary Counsel, Schedule 1 The Criminal Code, Part 6 Offences relating to property and contracts, Chapter 36 Stealing.
Please note the information I provide on this web page has been criticised and claimed to be inaccurate by certain members, one in particular, of a popular internet purebred dog forum. This is nothing other than an attempt to try to discredit me in my ongoing search for Beau. I have provided the information on this web page to help other responsible dog owners who unfortunately find themselves in the same or similar position. Except for this purebred dog forum, I have only received positive feedback. In any event it is always wise to seek professional legal advice, which is what I did when Beau was stolen.
Please try not to let ignorant people discourage you in your attempts to find your stolen dog and please recognise your legal ownership which DOES NOT CHANGE when your dog is stolen.
Stealing a dog is not only a crime, it is one of the worst forms of animal abuse and cruelty.
THE LEGAL STATUS OF ANIMALS
There is a considerable amount of information on the internet regarding the legal status of animals. Professor Jerrold Tannenbaum, School of Veterinary Medicine and Adjunct Professor, School of Law, University of California states in 'Animals and the law: property, cruelty, rights - In the Company of Animals':
"This law dates back to 1066 with the victory of William the Conqueror over King Harold. A relatively large number of people possessed what were then called "cattle": oxen, cows, sheep, goats, horses, and chickens. When someone stole one's cattle or claimed the right to possess it, this was a serious matter, and litigation would often ensue. This is why the law came to use the term "chattel" for movable goods over which there were disputes as to rights of possession. The similarity in the words "cattle" and "chattel" is not coincidental. Among the first chattel were cattle.
Animals, and certainly the great majority of animal species with which people come in regular contact, will continue to be classified as property. Otherwise, it would be impossible to buy or sell animals, to pass their ownership on through inheritance ...
The legal status of animals as property is consistent with a more realistic recognition by the law not just of their intrinsic value but of their importance and value to people.
There are many ways the law can treat animals which would reflect more accurately their value and worth to people. Some courts have allowed some recovery for emotional distress caused by the negligent injury or destruction of an animal on the grounds that the true value of these beings can include the sentimental or emotional value to their owners.
There is much more the law can do to improve the treatment of animals. Too many animals are treated inappropriately, in laboratories, on farms, in the animal racing industry, and by pet owners.
However, the legal status of animals as property does not of itself preclude major improvements in the use and treatment of animals."
THE LEGAL STATUS OF A MOTOR VEHICLE
Under Australian law a motor vehicle is also classified as a 'chattel', and hence a motor vehicle can be legally owned and can be legally stolen.
The stealing of a motor vehicle is a crime, just as the stealing of a dog is a crime. The Police investigate the stealing of motor vehicles and offenders are charged in Court and most serve jail sentences. The Police do not have the resources to investigate the stealing of dogs. However, again I will state that this does not negate the legal fact that stealing a dog is a crime.
A DOG'S LIFE VERSUS A MOTOR VEHICLE
My dog "Beau" is worth much more to me than my motor vehicle. I have spent much more searching for Beau since 1 July 2003 than I have spent purchasing my 4WD motor vehicle; and maintaining, insuring and registering my motor vehicle for the last 13 years.
I know I am not alone in considering that my dog "Beau" is worth much more than the total cost of my motor vehicle, or any other material possession I own.
Beau has a life force and he is a very loving friend and a very special member of my family. I cannot put a price tag on my love for Beau, and his love for me.
MICROCHIPPING A DOG
A microchip is a form of identification only, like an ear tattoo.
A microchip and an ear tattoo make it easier to identify the dog and return the dog to his or her legal owner if the dog goes "missing" and is later found.
A microchip in itself does not determine legal ownership.
Legal ownership is determined by relevant legislation, as described above, and occurs when the dog is legally purchased and changes when the dog is legally sold. If the dog is stolen, legal ownership DOES NOT CHANGE.
If this was a perfect world and dog stealing did not exist and there was a proper system in place to reunite 'missing' dogs with their legal owners, there would be no need for microchips and ear tattoos.
Legally and morally you should be advised if a veterinary practice, council dog pound or RSPCA animal shelter handles your stolen dog, provided you have contacted them. The reality is that this does not happen.
On 21 November 2005 Mr Glenn Lynch, Registrar, Board of Veterinary Surgeons of New South Wales advised me in writing that:
"A veterinarian is not obliged by any law to scan animals he is treating even if it is a Police matter."
The legal status of stolen dogs (and missing dogs) is being ignored in Australia. This is why very few stolen dogs, microchipped or not, are ever found and reunited with their legal owners, who are also their family members who love them.
I believe this situation is appalling and it is a national disgrace.
As stated above, not only is stealing a dog (all animals) a crime, it is one of the worst forms of animal abuse and cruelty. It is a proven fact that what humans do to animals they do to other humans, particularly the vulnerable i.e. children and the elderly. Please refer to the Stolen Dogs web page.
"Laws can embody standards, governments can enforce laws but the final task is not a task for government. It is a task for each and every one of us. Every time we turn our heads the other way when we see the law flouted .. when we tolerate what we know to be wrong .. when we close our eyes and ears to the corrupt because we are too busy, or too frightened .. when we fail to speak up and speak out .. we strike a blow against freedom and decency and justice." ~ Robert Francis Kennedy.
