A 61-year-old Midland woman was yesterday found guilty of animal cruelty after failing to seek vet care for the family’s German shepherd who was suffering from allergy-related skin issues.
She was fined $2000 and banned from being in charge of an animal for two years less her three cats. The woman has to allow an inspector to attend her property to confirm she is complying with the order as part of the order. She was also ordered to pay $5,441.50 in costs.
Earlier this year, a 39-year-old Midland woman and 43-year-old Lockridge man were also convicted of animal cruelty in relation to the same matter. The male offender received 10 months imprisonment, suspended for 12 months, a 10-year ban on owning animals and a $1000 fine for failing to comply with a direction from an RSPCA WA inspector. The female offender was fined $3000 and banned from owning an animal for five years.
Midland Magistrates Court heard an RSPCA WA inspector attended a Midland property in December 2023 after receiving a cruelty report in relation to an injured large breed dog that was living in squalor.
The male offender advised the inspector that the eight-year-old dog, named Nero, had a foul smell due to allergies and that when he last took him to a vet three months prior, he was told to give him antihistamines and was not required to make a follow up appointment. He added Nero had been “very sick” for the last three days.
The inspector observed Nero was in very poor body condition, his ribs were easily palpable, he had an abnormal gait on his back legs and had patches of fur missing with crusty scabs across his back and neck.
The male offender told the inspector he had been feeding Nero cat biscuits and had difficulties finding allergenic food. He also said he had been trying to resolve the dog’s allergies using home remedies.
Investigations revealed Nero had last seen a vet six months earlier and monthly recheck appointments had been recommended.
The inspector issued the offender a written direction to take Nero to a vet within the next 24 hours to address his weight loss and skin issues and advised of payment plan options. The offender screwed up the notice and said Nero would have skin issues for his whole life.
The offender failed to comply with the notice and surrendered the dog to RSPCA WA.
Nero was humanely euthanised after it was evident his prognosis was guarded, and he was only minimally responding to pain relief. He was very underweight, suffering from chronic skin disease and ear infections, had ulcerated and infected wounds all over his body, open wounds on his rear end, and painful osteoarthritis affecting all four limbs.
In sentencing of the 61-year-old female offender, Magistrate Mark Millington said there were “reasonable steps” open to the offender to take and there was “some onus” on her to do something about the dog’s condition.
RSPCA WA Inspector Manager Kylie Green said it was hard to believe someone could see their dog was in such poor health and not have taken him to the vet.
“Nero needed considerable vet care and the people in charge of him let him down,” she said.
“It was plain to see Nero would have been extremely uncomfortable and it was entirely the offenders’ responsibility to ensure he received the care he so desperately needed and they failed him.”
The offenders were sentenced under sections 19(1), 19(3)(d), and 19(3)(h) of the Animal Welfare Act 2002.
They were found to have been cruel to Nero in that they did not provide him with proper and sufficient food and that he suffered harm which could have been alleviated by taking reasonable steps.
The male offender was also charged under section 40(2) for failing to comply with a written direction.
The maximum penalty for a charge of animal cruelty is a $50,000 fine and five years in prison. Failing to comply with a direction order attracts a maximum penalty of a $20,000 fine and one year imprisonment.
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.
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