A 47-year-old man from Salisbury Heights was convicted in the Elizabeth Magistrates Court today on one charge of ill-treatment of an animal after he failed to seek veterinary treatment for his seriously ill dog.
The nine-year-old female Beagle cross named Milly was seized by an RSPCA South Australia inspector responding to a cruelty report on 28 October 2021. No-one was at home when the inspector attended at the defendant's former Banksia Park address so he entered the backyard under the RSPCA SA inspectorate's urgent powers in the Animal Welfare Act.
Milly emerged from a kennel and her poor condition was immediately evident. She was emaciated and a baseball-sized tumour could be seen hanging from her underside. The inspector transported the dog to the veterinary clinic at RSPCA's now closed Lonsdale shelter, where examining RSPCA SA vet Dr Brooke Hasler diagnosed an invasive necrotic tumour of the skin that was around three-to-six months old. The tumour had an infection that had possibly started in the previous three-to-six weeks.
Dr Hasler also found a splenic tumour that had likely been there for two-to-three months, as well as observed discharge from an infection in one of Milly's ears.
Due to Milly's extremely poor condition and prognosis, it was decided that euthanasia was the only humane option.
In a recorded interview, the defendant stated that he had taken Milly to a vet when the tumour first appeared, and the attending vet had diagnosed cancer. The court was told that Milly received no further veterinary attention and was instead left to endure the full course of the disease, without any pain relief.
In the Elizabeth Magistrates Court today, Milly's owner was sentenced to four months and two weeks in custody, reduced by 30% (due to his guilty plea) to three months and four days. The sentence was wholly suspended on a 12-month good behaviour bond. The defendant is prohibited from owning any animals in the future and was ordered to surrender any animals currently in his custody to RSPCA SA. The defendant was also ordered to pay $72 for the euthanasia and $375 for lodgement, as well as a victims of crime levy.
His Honour Magistrate Smolicz described the photographs of Milly's condition as "graphic and confronting" adding that it would have been obvious to the accused that the wound on her underside was open and infected.
"It is concerning that the tumour had been on the dog for between three-to-six months and had been infected for between three-to-six weeks as this would have caused pain and suffering for a considerable period of time," His Honour said.
His Honour also agreed with RSPCA's submissions that the Animal Welfare Act puts a duty of care in place for owners to meet minimum standards in relation to their obligations to look after pets appropriately.
"If you have animals in your care, it is your job to take care of them as they cannot look after themselves or speak for themselves. This kind of offending is all too prevalent in South Australia and the community expects people to treat animals well," he said.
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.
