A 71-year-old Highbury woman who left her dog to suffer multiple medical conditions without any veterinary care and kept him living in a hole under her shed was today convicted on a charge of aggravated animal cruelty under SA's Animal Welfare Act.
An RSPCA inspector attended at the woman's property on 12 February 2023 after a member of the public reported hearing a dog whining in apparent distress. The reporter had looked over a fence and sighted a collie-type brown dog in filthy condition and barely able to stand.
The inspector observed that the dog had heavily matted fur and a tumour on his back that was larger than a football. When trying to stand, the dog was unsteady and continuously shaking with a lack of movement in his hindquarters. The inspector also observed that the dog was shaking his head continuously and banging it into objects, which was suggestive of a neurological issue.
The defendant informed the inspector that the dog was named Muttley, that she had owned him since he was six-months-old and that he was now aged around 16. She stated that the head shaking had been going on for a couple of weeks, and that the tumour had grown significantly over that time period too.
When asked why she had not taken Muttley to a vet, the defendant said she did not have a car to take him and that, due to his age, she expected a vet to euthanase the dog, which she was not ready for. She agreed to surrender the dog to the RSPCA.
The inspector urgently rushed the dog to an emergency vet clinic. The examining vet found that Muttley had significant tumours on his hind leg and back which together weighed 1.8kg.
The vet further stated that the severity of the arthritis in the dog's front legs had caused them to fuse due to calcification of the joints. The matted and filthy coat was found to include faeces all over the animal's rear end.
The vet stated that pressure from the tumours combined with the dog's osteoarthritis would have caused the dog significant pain. Given Muttley's overwhelming health issues, the only humane option was to euthanase him.
In her record of interview with the RSPCA, the defendant stated that:
- Muttley had last seen a vet when he was desexed at around 18-months of age
- She had noticed the tumour around 12 months prior to RSPCA attending
- She could not groom Muttley because he was wild and would bite
- That her partner owned a vehicle (that was parked in the driveway at the time RSPCA attended)
In the Adelaide Magistrate's Court today, Magistrate Kate White agreed with RSPCA legal counsel Simon Perre's submissions that the neglect of Muttley was so egregious that the only appropriate penalty was a period of imprisonment. Her Honour imposed a six-weeks sentence, which was reduced to 26 days because of the defendant's early guilty plea.
Given her lack of any criminal history, her early plea, apparent contrition and that she is 71 years of age, Her Honour found reason to suspend the sentence on a $500, 12-month Good Behaviour Bond. Orders were made for costs of $528 to cover veterinary fees and $358 in costs to the RSPCA, in addition to compulsory victims of crime costs.
The defendant stated that she had no other pets and she is prohibited from acquiring or having custody of any animals, until further order.
In sentencing, Her Honour stated that "the Court must have regard to community expectations as well as the purposes of the legislation, which is to protect animals who have no other means to protect themselves". Her Honour told the defendant that she had avoided her responsibility to obtain the veterinary care her dog so desperately needed, and that "the dog's suffering required you to take proactive steps to relieve that suffering".
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.
