304. Protection of wild mammals.

It is an offence to mutilate, kick, beat, nail or otherwise impale, stab, burn, stone, crush, drown, drag or asphyxiate any wild mammal1 with intent to inflict unnecessary suffering2. However, a person is not guilty of such an offence by reason of:

  1.  

    (1)     the attempted killing of any such wild mammal as an act of mercy if he shows that the mammal had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering3;

  2.  

    (2)     the killing in a reasonably swift and humane manner if he shows that the wild mammal