A 44-year-old Broome man has been fined a total of $5,000 for two convictions of animal cruelty and two of failing to comply with a direction from an RSPCA WA inspector. He has also been banned from owning an animal for five years.
Broome Magistrates Court heard RSPCA WA inspectors seized two emaciated dogs from the offender's property in March, a Great Dane named Morley and a Pomeranian named Waldo.
The inspectors went to the man's home after receiving a cruelty complaint about an underweight dog. They saw six-year-old Morley and nine-year-old Waldo in the back yard. The outline of Morley's ribs, spine and pelvic bones were visible and prominent while Waldo appeared underweight with his abdomen tucked and a narrow waist.
Subsequent vet examinations revealed that Morley was emaciated due to a lack of proper nutrition; had mild anaemia; dental disease; infections in both ears; and had a painful eye condition involving dislocation of the lens. Waldo was found to be emaciated due to a lack of proper nutrition; had dental disease; and had two fractured teeth. Both dogs continue to recover in foster care and have gained weight.
The offender had earlier come to the attention of the RSPCA, and he had been directed to provide proper and sufficient food for Morley and take her to his local vet clinic once a week for four weeks so updates could be provided on her body condition.
He failed to follow either direction and was convicted under section 47(3) of the Animal Welfare Act 2002 as a result. He was also convicted under sections 19(1) and 19(3)(d) of the Act - he was found to have been cruel to Morley and Waldo by not providing proper and sufficient food.
In sentencing, Magistrate Longden said, "The offender had ample chance to show remorse and also an ability to care for dogs in a manner that is anticipated and indeed expected under the Animal Welfare Act."
RSPCA WA Chief Operating Officer Hannah Dreaver said it was particularly frustrating when an owner is given help, advice, and the opportunity to step up but still fails their animals.
"The offender told his vet he didn't give Morley dog biscuits as he thought they were "no good for her"", she said. "Both the vet and RSPCA WA inspectors told him this was not the case and gave him specific instructions on what type of food Morely needed and how much, but clearly those instructions were ignored."
In addition to the $5,000 in fines, the offender was also ordered to pay $6,952 in care, treatment and legal costs.
The maximum penalty for a conviction of animal cruelty is a $50,000 fine and five years in prison. The maximum penalty for a conviction of failing to follow an inspector's direction is $20,000 and one year 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.
