A 31-year-old Girrawheen woman has been given a spent conviction and fined $4,000 after leaving her two dogs in the full sun, without access to shade and water, on a 30C degree day.
The offender avoided an order prohibiting her from being a person in charge of animals as the Magistrate found her to be a generally good owner who had made a poor error of judgement on this particular occasion. The spent conviction was granted on the basis that the offender wants to work with animals in the future.
Joondalup Magistrates Court heard RSPCA WA inspectors attended the offender's property in November 2024 after receiving a cruelty report about a barking dog who was tethered to a Hills Hoist in the backyard without access to shade.
When inspectors arrived at the property, they found a female tan-coloured Staffy, named Mini, tethered and a pregnant black Kelpie, named Nunu, confined in a crate. Both were in direct sunlight with no access to shelter. The offender wasn't home, so the inspectors entered the backyard due to suspected offences under the Animal Welfare Act 2002.
Mini had wrapped her chain tether around the base of the Hills Hoist several times, leaving her only 40cm of movement. She had no access to shelter, nor could she reach two water containers in the vicinity, both of which were subsequently found to be empty. Mini was barking and panting and appeared to be heat distressed.
Nunu was confined inside a wire crate positioned on top of brick pavers in full sun. The crate contained an empty shallow glass saucer. She cowered and urinated when an inspector approached her.
Both dogs were seized from the property as the inspectors had imminent concern for their welfare. The dogs were transported to Perth Vet Emergency where they drank rapidly for over a minute. A vet examination showed both dogs were dehydrated and showing mild heat distress. The vet's opinion was that they would have been in a much worse state if they had not been removed from the property.
When speaking with an inspector, the offender said she was studying dog psychology and was training her dogs to be house dogs, saying she did not leave out large amounts of water because they would urinate in the house if she brought them inside. She also said that while she had left the dogs some water, she knew that Nunu would tip her water over and that Mini would finish her water and play with the bowls. She also advised she knew that Mini would often get her chain tangled around the clothesline.
Nunu gave birth to six puppies while in the RSPCA's care. They, and Nunu, have since been adopted. Mini was also adopted but sadly had to be euthanised just a year after she was seized.
RSPCA WA Inspector Manager Kylie Green said it was clear the offender knew her dogs would run out of water or be unable to access water while they were tethered and confined in the backyard.
"It really concerns me that the offender made that conscious decision and put her dogs' lives at risk," she said. "Mini and Nunu were in distress and it breaks my heart even more to know Nunu was carrying six pups while going through that ordeal."
The offender was sentenced under sections 19(1), 19(3)(b)(ii), 19(3)(d) and 19(3)(e) of the Animal Welfare Act 2002. She was also ordered to pay $4,000 in costs.
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 on 1300 CRUELTY (1300 278 358) or at rspcawa.org.au.
