A 58-year-old Armidale man has been convicted and sentenced at Armidale Local Court after pleading guilty to four offences against the Prevention of Cruelty to Animals Act 1979 (NSW) (POCTAA). He is now serving an aggregate term of imprisonment of eight months, with a non-parole period of four months for:
- Failing to provide veterinary treatment for emaciation, dehydration and intestinal worms, resulting in the death of a male Maremma sheepdog;
- Failing to provide veterinary treatment to a female Maremma sheepdog for emaciation and intestinal worms; and
- Committing an act of cruelty on both dogs by tethering them to a log in a manner that left them exposed to the extremes of weather, unable to access sources of food or water, and unable to adequately move or exercise – conduct that caused the dogs significant suffering and distress.
The man was also convicted with no further penalty for failing to comply with two written notices issued by RSPCA NSW, which had required him to take certain actions regarding several horses and a donkey in his care.
The offender was subsequently:
- Ordered to forfeit all animals in his care;
- Disqualified from owning or having anything to do with the keeping or care of animals for ten years; and
- Ordered to pay animal care costs of $2,304.56 and professional costs of $258.50 to RSPCA NSW.
In January 2023, the defendant placed horses, sheep and two Maremma Sheepdogs on a large block of land he was leasing. From that time, the dogs could be heard barking most nights near the property’s creek.
On 27 April 2023, with the permission of the defendant’s landlord, a neighbour entered the property to check on the welfare of the animals.
Two Maremma sheep dogs were found in the backyard tied to a tree log, with tethers no longer than two metres long. One of the dogs was found alive, although in very poor body condition. She was severely underweight and had matted fur.
The second dog was found lying behind the tree log, deceased. There was an open bag of dry food about a metre out of the dogs’ reach, as well as an empty bucket a further few metres away.
The two Maremma sheep dogs found in the backyard tied to a tree log, with tethers no longer than two metres long.
The neighbour provided food and water to the female dog before contacting RSPCA NSW for urgent assistance.
An RSPCA NSW Inspector arrived at the property and located the two dogs. The female dog was still alive but had collapsed and appeared disorientated. Both dogs were seized and taken to a nearby veterinary clinic for an emergency consultation.
The female dog, nicknamed ‘May’ by the clinic, was in a life-threatening condition due to water overload and received acute care until she was stabilised. May was emaciated and suffering from intestinal worms. Relatively normal blood results suggested that her body had acclimatised to chronic underfeeding over several months. May received supportive care and was placed on a gradual refeeding program.
The deceased dog, ‘Smiley’, had died at least two days earlier. His severely sunken eyes indicated dehydration before death and his emaciation, empty stomach and minimal to no intestinal contents again suggested a chronic lack of food. His untreated emaciation, dehydration and intestinal worms ultimately caused his death.
The way in which the dogs were kept had caused them further suffering and distress. By tying them to the tree log as he had, the defendant left the dogs exposed to the extremes of weather, unable to seek refuge, and at risk of injury and illness. The short length of the tethers prevented the dogs from accessing food, water and shelter, and from exhibiting normal movement and behaviour. The dogs’ heavily overgrown nails suggested they had been restricted in this way for a prolonged period.
The RSPCA NSW Inspector returned to the property to complete an inspection of the remaining animals. She identified several welfare issues including sheep that needed crutching, animals with overgrown hooves, an underweight mare, and horse with an ulcerated lump above its eye.
The defendant spoke to the Inspector by phone 10 days after the dogs were seized. He admitted being in charge of the two dogs, but was unaware that Smiley had died and was unable to confirm the last time he attended the property.
During the call, the Inspector raised concerns about the welfare of the livestock at the property, particularly the underweight mare. Over the next 4 months, she issued him with two written notices under section 24N of the Prevention of Cruelty to Animals Act 1979 (NSW) (POCTAA), requiring him to take detailed and specific action regarding the basic feeding, veterinary care and husbandry needs of his animals. He repeatedly failed to meet these obligations. It was a further month before the defendant eventually complied with the notices by arranging supplementary feed, vet and dental checks, farriery, and related measures.
Given the disposal and disqualification orders made by the Court, the defendant cannot have these or any other animals for the next 10 years.
RSPCA NSW prosecutor Kate Hewson pointed to the man’s “persistent lack of insight” as a factor that increased his risk of reoffending and argued that “the community would be justifiably aggrieved by any sentence other than one of full-time custody”. The female Maremma, May, continued to recover in RSPCA NSW’s care and was successfully rehomed to her forever family in July 2023.
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All charges brought under the Prevention of Cruelty to Animals Act.
