A 61-year-old man and his 39-year-old stepdaughter were convicted on charges of animal ill-treatment in the Elizabeth Magistrates Court today.
A 61-year-old man and his 39-year-old stepdaughter from the northern suburbs were convicted on charges of animal ill-treatment in the Elizabeth Magistrates Court today.
In sentencing the man pleaded guilty to one count of animal ill-treatment under South Australia's Animal Welfare Act, while his daughter was charged with two counts. The charges were in relation to two ponies, one horse and two dogs found in an emaciated condition. The defendants were also charged with failure to seek veterinary care for one of the ponies, a 21-year-old Welsh Mountain Pony named Princess, and to mitigate harm to the two mixed breed dogs – six-year-old Bella and eight-year-old Dominic.
Princess had a body condition score (BCS) of 3/9 and severe pig bite injuries to her face and flank that needed medical attention. A second Welsh Mountain Pony - six-year-old Jellybean – and a six-year-old Thoroughbred Horse named Maverick both had a BCS of 2/9.
Bella had a BCS of 2/9, while Dominic had a BCS of 3/9 - both dogs were also suffering from flea infestations and associated alopecia, requiring veterinary treatment.
RSPCA SA inspectors in company with SA Police first attended the defendants' property at Kudla on 8 June 2023, responding to a cruelty report. On their approach to the house, the inspectors sighted a bird aviary containing green water and approximately ten budgerigars – one deceased. The inspectors went to the rear of the home to find six horses - three in an emaciated condition (Princess, Jellybean and Maverick). Upon entering the property (acting under a search warrant), the inspectors described the living conditions as "squalid" and overflowing with litter trays and mouldy faeces. The male defendant was present and explained that the horses were underweight due to their old age.
Three fenced off areas surrounding a caravan at the front of the property were also sighted by inspectors – one containing two dogs and a puppy. The second fenced area contained two emaciated dogs (Dominic and Bella) that were living in faeces and household rubbish, with access to only green and sludgy water. The third area could not be accessed due to rubbish build-up.
Princess, Jellybean, Maverick, Dominic and Bella were seized on the day by the inspectors. Princess, Jellybean and Maverick were transported to Roseworthy Veterinary Hospital for examination, while Dominic and Bella were assessed at the Small Animal Specialist Hospital (SASH) in Kent Town before being transported to RSPCA SA's Lonsdale shelter, which has since closed. In the Elizabeth Magistrates Court, Her Honour Magistrate Joanna Martin sentenced the male defendant to a two-year good behaviour bond, victims of crime levy and prosecution costs. While the female defendant was sentenced to a three-year good behaviour bond, victims of crime levy and prosecution costs. Due to the defendants' financial hardship and reliance on Centrelink benefits, a request by RSPCA SA for compensation of $10,399 in veterinary costs was declined.
The defendants are allowed to retain custody of three dogs that were not subject to charges under the condition that RSPCA SA supervise the welfare of the animals and that they get desexed and microchipped within two months. The pair are prohibited from owning any other animals, with 30 days granted to rehome the horses that are still on their property before they are forfeited to RSPCA SA. Both of the defendants are to reappear in court for resentencing if they breach their good behaviour bonds.
Magistrate Martin told the pair that "their offending was deplorable" and that "[they] are "very lucky not to be looking at a sentence of imprisonment."
"The animals were at your home, you could see them day in and day out, yet you did not provide them the care that they so sorely needed," said Magistrate Martin.
"If you cannot afford the costs of medical care, you cannot afford to care for horses.
"We have one chance and one chance only to care for animals and you failed. I am not willing to place animals at risk by letting them remain on the property when Princess was not taken to the vet when she would have clearly been in pain."
All five animals were surrendered to RSPCA SA and have made full recoveries. Dominic and Bella (now named Emma) have been rehomed. Princess, Jellybean and Maverick remain in care with one of RSPCA SA's rescue partners while they await rehoming.
Under SA's Animal Welfare Act, the maximum penalty for animal cruelty is $20,000 or two years' imprisonment. For an aggravated cruelty offence, the maximum penalty is $50,000 or four years' imprisonment.
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.
