A 46-year-old man has been fined $5000 for failing to seek appropriate veterinary care for his puppy who had been hit by a car.
Today, the Perth Magistrates Court heard he also tried to hide the injured puppy from the RSPCA.
An RSPCA WA inspector attended the man’s St James property in October 2023 after receiving a cruelty report about a four-month-old Staffordshire terrier-cross puppy named Diamond, who had been left untreated for more than a week after being trapped under the wheel of a car.
The offender said Diamond had been taken to the vet by another man living at the house and that her injuries had since ‘pretty much healed’. However, the inspector observed Diamond was reluctant to stand up and her left hind leg was swollen.
She was limping when encouraged to walk and was only able to take a few steps before lying back down again. She also had red open wounds on the front of her head and her thigh area.
The inspector was told the puppy was given pain relief at that initial vet visit but there was no concern about possible broken bones. However, RSPCA WA’s investigation revealed the emergency vet had only been able to provide basic first aid to the puppy due to the owner’s financial constraints but had given the man strict instructions to take the dog to her regular vet the following day.
The inspector gave the offender a verbal direction notice to take Diamond to the vet within 24 hours. When this was not complied with, a written direction notice was issued. When that too was ignored, the inspector attended the property with WA Police officers.
The offender said he had planned on taking the puppy to the vet, but she had run away.
The inspector continued her investigations and found that the offender was attempting to hide Diamond at a different address. The offender denied allegations of trying to hide her.
Diamond was taken to the Animal Care Centre in Malaga where it was found she was suffering from a painful fractured pelvis. Diamond received the required treatment and recovered in foster care.
In sentencing, Deputy Chief Magistrate Elizabeth Woods said the RSPCA did all that they could to assist the offender and the dog.
“There were other options…(but) as usual, the offender didn’t consider other options,” she said.
“He was obliged to look after the animal properly and he didn’t. If you are going to have pets, you have a responsibility.
She said Diamond was “vulnerable” and “clearly suffering”. She told the offender not only did he fail to comply, he “actively avoided the RSPCA”.
RSPCA WA Inspector Manager Kylie Green said she was disgusted not only by the offender’s lack of care for Diamond but also that he tried to hide her, allowing her suffering to continue.
“Diamond was so little when this ordeal happened to her and she was not given the care and dignity she deserved at that time,” Inspector Green said.
“Pets rely totally on their owners to provide the care they need and in this case Diamond’s owner severely let her down.”
The offender was sentenced under sections 19(1), 19(3)(h), 40(2) and 76(c) of the Animal Welfare Act 2002. He was found to have been cruel to an animal in that he allowed Diamond to suffer harm which could have been alleviated, did not comply with a written direction notice, and gave false information to an inspector.
The maximum penalty for an animal cruelty charge is a $50,000 fine and five years in prison and both failure to comply with a direction notice and giving false information attract maximum fines of $20,000 and one year in prison.
The offender was also banned from being in charge of an animal for five years, ordered to pay more then $2,500 in legal and other costs, and fined $1000 for breaching a suspended imprisonment order.
Diamond was already forfeited to RSPCA WA at a previous hearing, and she was adopted last week.
The RSPCA relies on the community to report incidents of suspected cruelty and neglect. Report cruelty 24/7 on 1300 CRUELTY (1300 278 358) or at rspcawa.org.au.
