A 40-year-old Redcliffe woman and her 38-year-old male partner have been fined a total of $7000 and banned from owning animals for five years after RSPCA WA inspectors seized their underweight dogs.
They were fined $2000 each for a conviction of animal cruelty, and $1500 each for a conviction of failing to comply with written directions from an RSPCA WA inspector.
Perth Magistrates Court heard RSPCA WA received a cruelty report about two malnourished dogs at the couple's home in September 2024.
RSPCA WA inspectors attended the property and saw three-year-old Misty and two-year-old Brooklyn, both Staffy crosses, were underweight.
They spoke to both offenders and offered feeding advice, food, and the option to surrender the dogs to the RSPCA if they were unable to care for them. The offer to surrender was declined.
Subsequently, the offenders were issued with written directions to provide Misty and Brooklyn with sufficient food and water at all times.
The directions were not complied with and both dogs were seized and taken to the RSPCA in Malaga. Misty and Brooklyn had to be sedated to enable a vet to examine them because they continued to franticly look for food.
The examination revealed both dogs were underweight; Brooklyn was mildly dehydrated; and both had a mild ear infection and dental fractures that required extractions.
Further testing revealed that Misty and Brooklyn's poor body conditions were due to an inadequate provision of nutrition. Following a feeding regime, Misty gained 6.3kg body weight in eight weeks, and Brooklyn gained 8.9 kg in 14 weeks. Both dogs continue to recover in RSPCA WA foster care.
In sentencing, Magistrate Brionie Ayling said, "This was really neglect…you were doing it tough and struggling to care for yourselves let alone animals …in some respects that does not reduce the seriousness…you were in no position to be caring for animals, you left the animals needing to fend for themselves… they were not able to be properly treated at the time as they were so frantic for food and water."
RSPCA WA Inspector Manager Kylie Green said this case was a classic example of owners failing their animals, despite being offered the means and opportunity to step up.
"Our inspectors try to help owners in the first instance with advice, free food and, in this case, the chance to surrender Misty and Brooklyn," she said.
"The fact they still didn't feed them enough or even supply enough water for them is unacceptable which the Court has recognised today."
In addition to the fines outlined above, the offenders were ordered to pay $1289.00 in costs. Brooklyn and Misty were both forfeited to RSPCA WA.
The offenders were convicted under sections 19(1), 19(3)(h) and 40(2) of the Animal Welfare Act 2002. They were sentenced for allowing Misty and Brooklyn to suffer harm which could have been alleviated by taking reasonable steps, and for failing to comply with a written direction.
The maximum penalty for a charge of animal cruelty is a $50,000 fine and five years in prison. The maximum penalty for failing to comply with a written direction is a $20,000 fine and one year 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.
