A 33-year-old Emerton man pleaded guilty to one offence of committing an actof cruelty and one offence of failing to provide veterinary treatment to hispet Staffordshire Terrier in Mt Druitt Local Court on 16 October 2019.
The man was convicted and placed on an aggregate four-month intensivecorrections order in relation to charges that he committed an act of crueltyon his Staffordshire Terrier, named Dwayne, by beating him with a hammer, andthen failed to provide veterinary treatment for blunt force trauma injuriesthe dog received as a result of the beating.
The order is subject to conditions that he complete 50 hours community servicework, be of good behaviour, and appear if called upon to do so. A breach ofthis order could result in the Parole Board revoking the order and he would berequired to serve the remainder of the term in custody.
He received a five year prohibition order preventing him from purchasing,acquiring, taking possession or custody of any animal with the exception ofone Jack Russell terrier that was in his care, and uninjured at the time.
In an agreed fact document tendered on sentence, the Court heard that onMonday 12 November 2018, witnesses discovered two dogs cowering in a cornerand a man with a large wooden object covered in blood. The witnesses observedthe dark coloured Staffordshire Terrier to have blood dripping from its mouthand confronted the defendant. The defendant yelled that the dogs had destroyedhis synthetic grass and took the dogs inside his home.
A cruelty complaint was made to RSPCA NSW, as a result RSPCA NSW Inspectorsand NSW Police attended the property the same day.
RSPCA NSW Inspectors unsuccessfully attempted to contact the occupants of thehome but entered the yard to check the dog. Upon discovering blood stains onthe backyard deck and on a wooden block, they found two dogs locked in thelaundry. Inspectors had serious concerns for the wellbeing of theStaffordshire Terrier, and so called a locksmith to gain access to theanimals.
Witnesses on the scene provided videos of the incident RSPCA Inspectors. Inthe footage a hammer can be seen in the man’s right hand as he chases theStaffordshire Terrier around the backyard. The man swings the hammer and hitsthe back legs of the dog. Once cornered, the dog is then hit twice with thehammer and the dog can be heard squealing.
The dog appears to be held and hit with the hammer a further 10 times as theman is bent over the animal and the yelps continue. The next time the man isseen in the vision he holds up a piece of wood and strikes it down as the dogsqueals.
Dwayne the Staffordshire Terrier was seized and immediately transported toRSPCA NSW Sydney Shelter for veterinary treatment.
RSPCA Inspectors returned to the property on 15 November 2018 and cautionedthe defendant as he Initially denied any wrongdoing. After being told aboutthe video footage, he admitted that he had hit Dwayne with the hammer. The manultimately surrendered the dog.
A vet determined that Dwayne had injuries consistent with recent blunt forcetrauma. The veterinary report lists full thickness laceration to the tonguemade by the upper and lower teeth forcefully penetrating the tongue, bruisingaround the face, fractured canine tooth, fresh blood in mouth, hypervigilantand displacement behaviours consistent with an animal following a majortraumatic event.
Further Laboratory diagnostics showed marked elevation of creatinine kinase(CK) and Hematuria (blood in urine) consistent with blunt force trauma to theurinary tract, such as bladder or kidneys.
“You left that dog in continuing pain as a result of not minor injuries,requiring medical treatment,” said Magistrate Corry upon sentencing. “Putyourself in the dog’s position if you were the subject of an assault. Theyfeel pain. You should reflect on that”.
RSPCA NSW Chief Inspector Scott Meyers commented on the disturbing nature ofthis case, saying, “There is nothing your pet can do which justifies treatingthem in this manner. Pets look to their owners for the basics, food; water;shelter, but also love and affection. This is a very serious example ofoffending and is further compounded by allowing this dog to continue to sufferas a result of his own actions. I’m sure most of our supporters would considerthis appalling conduct”.
Dwayne was made available for adoption and has since found his new foreverhome.
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