A 24-year-old man and two 30-year-old men have all pleaded guilty to animal cruelty after a video of a pigeon being hit with a golf club was reported to RSPCA WA.
The 25-year-old man was fined $48,000 and his application for a spent conviction was dismissed. The two other offenders were fined $39,000 respectively and their applications for spent convictions were also dismissed.
Kalgoorlie Magistrates Court today heard the trio were working at Norseman Gold Project at the time of the alleged offence on 17 June 2023.
Before the incident occurred, which was captured and uploaded to one of the offender's Snapchat stories, one of the men told the pigeon, "be careful, alright? Because there's some bad c**** around here".
The video showed two of the men initially holding the white and grey-coloured pigeon before the 25-year-old man used a golf club to hit it, causing the bird to move through the air for over a metre.
The caption of the video read "may his soul rest in peace [rolling on the floor laughing emoji]".
After the pigeon landed, the two men on camera can be heard laughing in response; the 25-year-old man then hit the pigeon four times – its feathers could be seen to be falling out with each hit; and he then picked the pigeon up by its foot, so it was hanging upside down in the air.
The pigeon was alive throughout the attack and still moving when the offender then placed it in a nearby skip bin.
In sentencing, Magistrate William Yoo said the offending conduct was a "disgusting and despicable thing to do".
Magistrate Yoo labelled the offending "incomprehensible" and "abominable".
"[The act] was absolutely disgusting, vile and reprehensible," he said.
"[The pigeon's] distress was evident [and the pigeon was an] innocent and vulnerable animal."
In relation to the 25-year-old's offending, Magistrate Yoo said the man knew what he was doing and there was a "degree of persistence" in his actions.
Magistrate Yoo told each offender they "egged each other on" and "betrayed [their] own humanity".
"[This is a] very serious and shocking matter which should shock the public's conscience," he said.
RSPCA WA Inspector Manager Kylie Green said the behaviour shown in the video was disgusting.
"There is never an excuse to torment or abuse an animal," she said.
"The fines handed down today are profoundly significant and it is hoped the message is loud and clear to those who think that cruelty towards animals is okay."
The offenders were each sentenced under sections 19(1) and 19(2)(a) of the Animal Welfare Act 2002. RSPCA WA argued they were cruel to the pigeon in that they maliciously beat and ill-treated it.
Two of the men were also sentenced under sections 7 and 8 of the Criminal Code. It was found they aided and encouraged the third offender to commit the offence.
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 24/7 on 1300 CRUELTY (1300 278 358) or at rspcawa.org.au.
