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 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. 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 crime report is very important because this means that the legal owner does not have to provide any further proof that his or her dog was stolen.
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.
If people do not believe this and you wish to know the truth, I recommend that you consult with a solicitor. For instance, the view that I have to provide proof that Beau was stolen, in addition to the Police crime report, is nonsense.
In addition, there is a considerable amount of information on the internet regarding the legal status of animals. These are some statements of Jerrold Tannenbaum 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 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, 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 12 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 love Beau with all my heart and soul. 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 is lost and/or stolen, and then later found.
Legal ownership of the dog should be determined BEFORE a microchip is implanted in a dog.
A microchip in itself does not determine legal ownership. As previously stated, it is a form of identification only. Responsible dog owners do not microchip their dogs to determine their legal ownership. Legal ownership occurs first.
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.
There is no point in microchipping a dog if the legal status of a dog is ignored.
In Australia there is huge APATHY 'right across the board' towards 'MISSING ANIMALS'. The stealing of dogs (all animals) continues to spiral and absolutely nothing is being done to even discourage this criminal behaviour.
Legally and morally you should be advised if a veterinary practice, council dog pound or RSPCA shelter handles your stolen dog, provided you have contacted them. The reality is that this does not happen. Microchipping has improved the situation for stolen dogs that manage to get away and end up as strays and are taken to a council dog pound or RSPCA animal shelter. Most of these organisations now scan the dogs for a microchip. This is a way for your beloved dog to be returned to you. This situation does not apply to veterinary practices though.
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."
I believe this situation is appalling. Not only is stealing a dog (all animals) a criminal offence, 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, and there is a proven link between the abuse of animals and the abuse of children in a society. Please refer to the Stolen Dogs web page.
"The greatness of a nation and its moral progress can be judged by the way its animals are treated" ~ Mahatma Ghandi .
