A Golden Grove man was sentenced in the Elizabeth Magistrates Court yesterday to a one-month custodial sentence, to be served via home detention, after pleading guilty last month to a charge of animal ill-treatment.
The 34-year-old man (who had a warrant out for his arrest for 18 months) was charged in relation to an emaciated Bull Mastiff dog named Boss, seized by RSPCA inspectors four years ago.
Responding to a cruelty report, an RSPCA inspector attended at the defendant’s property on 9 October 2019 and the defendant presented three dogs for assessment, including Boss. The dog was observed to be underweight, with a body condition score (BCS) of 2.5/9. The Inspector gave the defendant feeding advice and advised that she would return in approximately three weeks to make sure Boss had gained weight.
On 25 October 2019 a local council inspector assisting with the situation advised the RSPCA Inspector that Boss had gained weight, however less than a month later – on 18 November 2019 – the council inspector reported that the dog had deteriorated and provided photos as evidence.
On 21 November the RSPCA SA inspector returned to the defendant’s property, accompanied by officers from Tea Tree Gully council. The defendant was not home at the time. All three dogs appeared to have lost weight, with Boss’ condition causing the most concern.
As a result, the three dogs were seized and transported to RSPCA’s Lonsdale shelter where a veterinary assessment found that Boss weighed only 34.8kg and his BCS had dropped to 1/9. The examining vet stated that Boss was suffering severe malnutrition and had been inadequately fed for up to three months. In the care of RSPCA, Boss regained his ideal body weight of 50kg by 31 March 2020 and was subsequently rehomed.*
The two other dogs (who were underweight but not emaciated) also recovered and were returned to the defendant, but the animals are no longer in his care.
In the Elizabeth Magistrates Court yesterday, Magistrate Christopher Smolicz addressed a submission made by the defendant’s defence counsel that had blamed others for allowing Boss to starve.
“If you have a pet it is your responsibility to look after them, not someone else’s,” His Honour said.
His Honour also stated that the community has an expectation that offenders who fail to meet appropriate standards of care for their animals are appropriately penalised, meaning that general deterrence in matters such as these is paramount.
The defendant was sentenced to an immediate custodial term of 30 days for the cruelty offence, to be served via home detention. He received a further two months for additional offending unrelated to the cruelty matter. The total of three months took into account the defendant’s guilty plea as well as time already served in custody when he was arrested under warrant in December 2022.
The defendant is prohibited from caring for or having custody of any animals under further order.
RSPCA South Australia is the state’s only animal welfare charity with inspectors empowered to prosecute animal cruelty under SA’s Animal Welfare Act.
Members of the public who witness animal cruelty or neglect are urged to immediately call RSPCA’s 24-hour cruelty report hotline on 1300 477 722.
