Three generations of a Spearwood family have been sentenced over an emaciated dog whom they did not provide with proper and sufficient food.
The 56-year-old woman involved pleaded guilty and was fined $3,200 and banned from owning animals for five years in late January, while yesterday her 40-year-old son and 20-year-old grandson were fined $2,700 and $2,000 respectively. Both were also banned from owning animals for three years.
A report received by RSPCA WA from a WAPOL officer who had seen the dog at the family’s home in March 2023, detailed the dog, a Doberman named Shadow, as having the outline of ‘all bones visible’, weak, had no food or water, and likely would not ‘live through the next few days’.
Fremantle Magistrates Court heard an RSPCA WA inspector attended the property and saw Shadow in the backyard which contained a build-up of rubbish. The 3-year-old Doberman was lethargic and severely underweight.
A 40-year-old man, his 56-year-old mother and 20-year-old son at various times throughout the inspector’s investigation indicated that Shadow was fed well and regularly. The investigation also revealed two bags of dog food at the property were infested with cockroaches.
Shadow was surrendered to RSPCA WA and taken to an emergency vet who noted he had a body score of 1/9 (with 5/9 considered ideal), had a dangerously low heart rate – prevalent in dogs weighing 80 per cent or less of their appropriate body weight – and had a severe urinary tract infection.
In addition, tests showed Shadow had suffered physiological adaptation as a result of prolonged starvation. He recovered in the RSPCA’s care, going from 17.45kgs to 29.1kgs, and has since been adopted.
In the female offender’s sentencing, Magistrate Adam Hills-Wright said it was “difficult to imagine an animal more emaciated and skeletal” than Shadow.
Further, he said Shadow would have looked “severely emaciated” to any observer and that the photographs of the dog were “entirely consistent” with the prosecution’s submission that he had a body condition score of 1/9.
He said the photos were “confronting” and a “serious example [of] gross and egregious neglect”.
In the male offenders’ sentencing, Magistrate Nicholas Lemmon said the offending was “by no means a minor example”.
RSPCA WA Inspector Manager Kylie Green said neglecting an animal’s most basic needs remained the number one reason for animal cruelty investigations.
“We understand people are continuing to struggle to feed their pets amid the ongoing cost-of-living crisis, however, there is never a good excuse to underfeed a pet,” she said.
“Shadow, like all pets, would have relied totally on his owners to care for him and feed him but they failed him.”
The offenders were sentenced under sections 19(1) and 19(3)(d) of the Animal Welfare Act 2002. They were found to have been cruel to Shadow in that they failed to provide him with proper and sufficient food.
The maximum penalty for a charge of animal cruelty is a $50,000 fine and five years in prison.
The female offender was also ordered to pay costs of $689, while the male offenders were ordered to pay $489 in costs each.
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
