Two offenders were today sentenced for animal cruelty after failing to seek vet care for a poodle puppy who had a broken leg. They were each fined $5000 and banned from owning an animal for two years.
Perth Magistrates Court heard RSPCA WA inspectors attended the 63-year-old female offender's Lockridge home in February 2024 after receiving two cruelty reports in relation to the poor living conditions of a large number of toy poodles who were thought to have been used for breeding.
The offender advised she only had two dogs – one male and one female – and did not use them for breeding.
The inspectors then attended the co-offender 59-year-old man's Morley property where he advised he owned two of the dogs who were at his home, but the eight remaining dogs – including the puppy with an injured leg, who has since been named Hazel – did not belong to him.
Hazel, who was seven months old at the time, was observed in the rear yard, unable to walk properly, and limping due to an injury on her right hind leg. The offender said he noticed she was limping but had not taken her to the vet.
A microchip scan of the puppy indicated the female offender was the owner and later in a phone call between the co-offender and the inspector, the female offender advised she owned several of the dogs at the Morley property. She said she noticed the puppy was limping the day before but also did not seek vet advice.
The female offender was given oral direction to take the puppy to a vet, which she obliged with. Following x-rays, it was apparent her right hind leg was broken, and the offender surrendered the dog to the vet as she could not afford surgery. The leg could not be saved and was amputated.
A specialist veterinary radiologist determined Hazel's leg had reduced bone density and muscle wastage which indicated the fracture had occurred more than 10 to 12 weeks prior to the x-rays being taken.
In sentencing, Magistrate Michelle Harries said it was, "difficult to accept (the female offender) didn't know (that Hazel was injured)."
She said the dogs at the Morley property were "kept in poor conditions" that were "extremely disturbing" and "extremely disgusting" and that Hazel "would have suffered serious pain."
RSPCA WA Inspector Manager Kylie Green said Hazel's case was a form of cruelty her inspectors see each and every day.
"Just as we have a responsibility not to hurt animals, we also have a responsibility to alleviate harm if they are in pain and both offenders failed Hazel in this way," she said.
"Hazel would have been in awful pain and was clearly in need of vet care but both offenders ignored this."
Hazel made a full recovery in care and has since been rehomed. Her new owners said she has adapted "very well" to life on three legs.
"She enjoys lots of love and attention from her humans and has quickly become best friends with Bentley, the miniature poodle," she said.
"She enjoys her daily walks on the lead and loves to do zoomies in the backyard. We are working closely with some of the best vets in Perth to make sure Hazel will have a long and happy life."
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 Hazel in that she suffered harm which could have been alleviated by
taking reasonable steps.
In addition to the $5000 fine, each offender was ordered to pay costs of $573.
The animal ownership ban has a delayed commencement of one month to allow them time to re-home existing pets.
The maximum penalty for a charge of animal cruelty 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
