A convicted puppy farmer was found guilty of breaching her animal prohibition order, resulting in Magistrate Stratton-Smith revoking her suspended sentence bond.
However, given she is the sole carer of a young child, His Honour found special circumstances to reduce the previously suspended sentence of three months to twenty-one days, to be served immediately.
Kerry Fitzpatrick was charged by the RSPCA with a number of offences after Inspectors attended the property in 2018 finding more than 300 dogs. She was subsequently charged with a number of breaches of the Animal Welfare Act, failure to comply with Animal Welfare Notices and failing to meet standards within the SA Standards and Guidelines for Breeding and Trading Companion Animals as well as charges for animal ill-treatment.
Having been found guilty of all but one of the offences, in August 2023, Fitzpatrick was sentenced to a three-month term of imprisonment, suspended on condition of a $500 Good Behaviour bond for a period of three years. She was also ordered to pay fines for the five counts of failure to comply with an Animal Welfare Notice and for failing to comply with the SA standards for breeding animals. Legal costs were awarded to RSPCA.
Fitzpatrick was prohibited from having care or custody of any animals other than her two pet dogs, rabbits and budgerigars.
In October 2023 RSPCA South Australia received credible information and subsequent evidence of a breeding facility operating on Fitzpatrick's property.
On attending the property RSPCA Inspectors seized 86 dogs - breeding dogs and puppies.
In calling for Fitzpatrick to serve the full of the suspended sentence previously imposed, RSPCA South Australia CEO, Marcus Gehrig said:
"This is a repeat offender and a contumacious breach. Conditions of the sentence were purposely and deliberately breached. It is very concerning that someone who was given the benefit of a suspended sentence and with assurances to the courts that they have exited the business of breeding - would so quickly disregard the orders and authority of the courts."
Legal Counsel for the RSPCA, Simon Perrie further stated:
"After having made representations to the Court during sentencing that she had rehomed the dogs that had been in her care all evidence shows that the defendant persisted with her dog-breeding operation."
In regards to the the actual time served being reduced to twenty-one days Perrie for RSPCA South Australia said, "We acknowledge the courts in this have many competing factors in determining sentence and that a significant factor in the courts decision would have been the said competing factors - such as sole care of a young child."
Head of Animal Welfare, RSPCA South Australia, Andrea Lewis added, "There are constantly shifting expectations in our SA community to see greater penalties in cases of animal cruelty and improved animal welfare outcomes. We look forward to this year and coming amendments to the Animal Welfare Act that will see sentiment legislated and support the courts to meet these community expectations.
"Cases of sub-standard breeding and care of dogs and cats is far too common in this state. The RSPCA are looking forward to the implementation of the changes to the Animal Welfare Act which will introduce more significant penalties for ill-treatment and failing to comply with standards of care for breeding establishments", Lewis added.
