A 42-year-old woman from the southern suburbs has been sentenced in the Christies Beach Magistrates Court today to six weeks in jail after being convicted on charges of failing to adequately feed two dogs and breaching a prohibition order on animal ownership. The woman's 46-year-old husband has been charged with the same offences and will face court for sentencing on 24 April 2024.
The couple had previously pleaded guilty to starving their two large, mastiff-cross dogs that were taken into RSPCA South Australia care in June 2020. The decision to seize the emaciated animals was made after repeated attempts by RSPCA inspectors to have the owners feed the animals sufficiently had failed. Those two dogs recovered and were rehomed.
During sentencing for that case on 11 October 2021, Magistrate Teresa Anderson issued an order prohibiting the couple from owning any animals, until further order. The male and female defendant were each sentenced to six weeks' imprisonment, suspended on a bond to be of good behaviour for 12 months.
On 2 September 2022, an RSPCA inspector attended at the defendants' property in response to a report about two dogs. The female defendant was home at the time and admitted to having two dogs in her possession, despite the court prohibition order still being in place.
The accused stated that there was no dog food in the house and that she was feeding the dogs "on and off". Her husband and their adult son, who also resided at the property, were all involved in the care of the dogs. The woman stated that she did not think that breaching the prohibition order was an issue. She agreed to surrender both dogs to RSPCA.
The five-year-old female Bulldog, named Poppy, and two-year-old male Staffordshire Terrier cross, named Oliver, were transported to RSPCA's Lonsdale shelter.
Poppy weighed 14.4kg when taken in, and within less than a fortnight of coming into RSPCA SA care she had gained nearly two kilograms. By October 2022, when she was adopted by an RSPCA SA volunteer who had fostered her, Poppy weighed a healthy 22.7kg.
Oliver also recovered to a healthy weight of 22kg by the time of his adoption by his RSPCA foster carer in October 2022, after coming to RSPCA SA weighing just 15.1kg.
In the Christies Beach Magistrates Court today, Magistrate Kylie Schulz acknowledged the serious nature of the repeat offending and revoked the six-week suspended sentence. Her Honour also sentenced the accused to a two-year $1000 good behaviour bond to come back for sentencing should any further breaches occur.
RSPCA SA Chief Inspector Andrew Baker said the case highlights the importance of abiding by court orders.
"These two individuals have demonstrated, in their starving of a total of four dogs, that they are unwilling or unable to care for animals," Inspector Baker said.
"These are the sorts of people for which prohibition orders exist, as a mechanism for protecting further animals from harm at the hands of convicted cruelty offenders, yet this couple clearly did not take the order issued by a magistrate seriously.
"We hope today's sentencing decision sends a clear message to all people currently prohibited by law from owning animals that choosing to ignore that order will have serious consequences.
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.
