A 43-year-old Dawesville man has been convicted of animal cruelty for allowing his elderly Great Dane to suffer a range of medical conditions without treatment, leaving her with the poorest body condition ever seen by RSPCA WA prosecutors.
He has been fined $5,000, ordered to pay $1,646.30 in costs, and banned from owning an animal for five years.
Mandurah Magistrates Court heard that in March 2024, RSPCA WA received a cruelty report in relation to "a very skinny dog" at a home in Falcon (where the accused lived at the time).
An inspector attended the property and saw the dog, a 12-year-old Great Dane named Mia, lying in the back yard. The inspector described Mia as a "skeleton" who appeared lifeless as she wasn't moving. Mia did eventually stand but was very unsteady on her feet, almost collapsing as she moved around.
The inspector seized Mia due to suspected offences under the Animal Welfare Act and took her to the RSPCA in Malaga where she was found to be severely emaciated, dehydrated, and was covered in fleas which had caused dermatitis. She had an ear infection, was suffering from painful arthritis affecting her ability to walk and had multiple untreated skin lumps.
Further testing revealed she was also suffering from megaesophagus, a disease that prevents food from moving properly to the stomach, recurrent pneumonia, severe stomach swelling, masses on her spleen and colon, and changes to her heart and lungs consistent with dehydration and long-term poor health.
Due to the severity and impact of these conditions on Mia's quality of life, and her poor prognosis, she was humanely euthanised.
The offender told the inspector he had noticed a decline in Mia's health, but she hadn't been seen by a vet since she was six or seven. He said he was struggling financially and that the "last time I took (Mia) to the vet it cost me a lot". He said he "100 per cent agreed" that Mia was suffering and had been "pretty unresponsive".
In sentencing, Magistrate Jennifer Hawkins said the offender's behaviour was "egregious" and the "nature of this offending is so serious that a $5,000 fine is warranted".
Magistrate Hawkins agreed to grant a spent conviction order due to the offender's minimal criminal history, the character references she had received, the fact that the offender had "learnt his lesson", and noting his future employment would be adversely affected if the charge was not spent.
RSPCA WA Inspector Manager Kylie Green said financial difficulties were no excuse for allowing an animal to suffer.
"Mia had chronic, obvious health conditions that were clearly impacting her quality of life and causing suffering," she said. "It was the offender's responsibility to seek veterinary advice, explore payment options, ask family or friends for help, or reach out to an organisation like RSPCA WA but instead he left Mia to deteriorate even further."
The offender was convicted under sections 19(1) and 19(3)(h) of the Animal Welfare Act 2002. The maximum penalty for an offence 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.
