A 58-year-old man and 53-year-old woman from Eden Hill were sentenced on Thursday after being found guilty of failing to seek vet treatment for their senior Maltese cross Shih Tzu dog named Jack.
The couple were fined $5000 each, banned from owning animals for four years and granted spent convictions. They were also ordered to each pay more than $4000 in legal costs.
Midland Magistrates Court heard the couple booked a vet appointment in 2022 to have the 14-year-old dog euthanised, however, the vet thought Jack could be treated so encouraged the male owner to surrender him and he obliged.
Further examination of Jack raised suspicion he had been suffering for months to a year without vet treatment for ear and skin conditions as well as matted hair around his face. He also had soft foot pads which indicated he had been in wet conditions for long periods of time, and dental disease which appeared to have been present for 12 months or more.
The vet found Jack was in considerable pain which could have been alleviated with inexpensive and simple therapies well before he became so unwell.
RSPCA WA's investigation confirmed the couple had failed to seek vet treatment for an extended period of time, leaving the dog to suffer unnecessarily. Despite the vet's best effort, the decision was made after some time to humanely euthanise him. The couple maintained Jack had only been unwell for a couple days at most before they took him to the vet.
In sentencing, Magistrate Mark Millington said the photos of Jack were "confronting" and it was clear what condition the dog was in. Magistrate Millington rejected the evidence both offenders gave, saying it was "fanciful and lacks logic" and "so far from the clinical evidence" of his condition.
"His conditions were a disgrace," he said.
"The state that he was in was for a significant period of time."
RSPCA WA Inspector Manager Kylie Green said by neglecting to address Jack's many treatable health problems, the couple allowed him to suffer in pain for several months.
"As dogs grow older, they often require more regular visits to the vet and it is important owners of senior dogs ensure their health is maintained in their older age," she said.
"Failing to alleviate the harm of illnesses like the ones Jack had is an offence."
The offenders were sentenced under sections 19(1) and 19(3)(h) of the Animal Welfare Act 2002. They were found to have been cruel to Jack in that they failed to take reasonable steps to alleviate harm.
The maximum penalty is a $50,000 fine and five years in prison.
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.
