Animal cruelty case files: 2021/22
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Our small team of seven inspectors responds to more than 4,000 reports of animal cruelty across South Australia each year. The very worst of these cases proceed to prosecution in court.
Below you can read the results of all animal cruelty cases RSPCA South Australia prosecuted in 2021/22. Please remember, magistrates choose the penalty for offenders who have breached South Australia’s Animal Welfare Act – not RSPCA.
We urge you to stand with us and help stop animal suffering. Please take the pledge to Combat Cruelty in South Australia.
July 2021
Man prosecuted for leaving two dogs without food or drinkable water for up to five days while away for work purposes
Finalised 26 July 2021 – Murray Bridge Magistrates Court
A Tailem Bend man whose two dogs were found emaciated in the backyard of his property was prosecuted on animal cruelty charges. The court heard that the dogs had been left without food or drinkable water for up to five days while their owner was away for work purposes.
The maximum temperature on 14 December 2020, the day the two dogs were seized by an RSPCA South Australia inspector, was 36C. The inspector did not find any evidence of the dogs having access to food or clean water. The dogs were examined by RSPCA vets on 15 December 2020, who confirmed both animals were in emaciated condition. Buster was given a BCS (body condition score) of 1/9 and Bear a BCS of 2/9. (A BCS of 5/9 is ideal, while 9/9 is obese and 1/9 is emaciated.)
The one-year-old Staghound cross named Buster and two-year-old Kelpie cross named Bear had been previously checked by RSPCA inspectors on two occasions in October 2020, following reports from members of the public who were concerned about the animals’ condition.
Court Outcome: No conviction recorded, fined $800 and ordered to pay vet and legal costs totalling $811
Prohibition Order: Prohibited from acquiring or owning any animals until further order
Outcome for animals: Both dogs were cared for by a volunteer foster carer before being adopted in January 2021. Being a bonded pair, they were adopted into the same home.
Two women prosecuted on animal cruelty charges after two dogs were found living in squalid conditions
Finalised 28 July 2021 – Christies Beach Magistrates Court
Two women (mother and daughter) were prosecuted on animal cruelty charges after two dogs were found living in squalid conditions in the backyard of their Morphett Vale home. One of the dogs was in emaciated condition and was being kept tethered to a pole.
Responding to a cruelty report, RSPCA South Australia inspectors attended at the property on 25 August 2020. The inspectors entered the backyard through the house where they found a tan and white American bulldog named LJ in good body condition and a female white and brindle American bulldog named Blaze in an emaciated condition.
The backyard contained large amounts of rubbish and dog faeces. The only water sighted was dirty green water in a backed-up drain. A chain was found tethered to a pole next to two dishevelled lounge cushions and a dirty concrete floor covered in encrusted faeces. One of the defendants admitted to the inspectors that Blaze had been tethered on the chain, without appropriate shelter, directly prior to them entering the back yard.
The other defendant told the inspectors that she kept Blaze on the chain for about five to six hours a day. The inspectors seized both dogs and later that day also seized a puppy, which normally resided at the Morphett Vale property, from a Christies Downs address.
The three dogs were taken to the RSPCA shelter at Lonsdale where they were later examined by RSPCA chief vet Dr Brad Ward who found the dog LJ and the puppy to be in good condition. However, Blaze was confirmed to be in an emaciated condition with a body condition score of 1.5/9 and a weight of 27.6 kg. Dr Ward surmised that Blaze had recently had pups.
Court Outcome: Older defendant (mother) convicted, daughter not convicted. Both given 18-month, $500 good behaviour bonds, and ordered to pay costs of $373 each.
Prohibition Order: Prohibited from acquiring or owning any animals until further order
Outcome for animals: Blaze was immediately put on a strict feeding plan and by 9 October 2020 (six weeks after coming into RSPCA care) she weighed 35.5 kg, a weight gain of 28.6%. All three dogs were subsequently forfeited by court order to the RSPCA and rehomed.
August 2021
Couple convicted after failing to comply with breeder standards
Finalised 9 Aug 2021 in Adelaide Magistrates Court
A 46-year-old woman and her 63-year-old former partner were jointly charged in relation to the Murray Mallee breeding facility they co-managed. Starting in June 2018 (when the first cruelty report was received), RSPCA inspectors had worked with the couple for nearly four months to help them raise animal care standards at the property to the legally required levels, but they had continued failing to comply with breeder standards.
The pair faced six counts of failure to comply with standards within the South Australian Standards and Guidelines for Breeding and Trading Companion Animals. In addition, the pair was charged with ill-treatment of ten Border Collie dogs that were seized from their Parrakie property by RSPCA inspectors on 23 October 2018. The charge was for failure to provide the dogs with appropriate and adequate living conditions.
The adult dogs (together with five unweaned puppies) were taken into RSPCA care because they were assessed as experiencing the most chronic mental suffering of the approximately 300 dogs on the property. Their mental state was among the worst RSPCA SA’s dog care and vet staff had ever seen. All 10 seized dogs and the five puppies were living in small and overcrowded cages. There was no evidence that the dogs were provided with any enrichment or exercise. The total number of dogs significantly exceeded the breeders’ council-issued license, permitting a maximum of 100 dogs to be kept on the property.
The male defendant pleaded guilty to all seven charges, but his former partner contested the charges, and her trial is ongoing.
Court Outcome: Convicted. A penalty of $525 for counts 1-6 (failure to comply with SA’s dog breeding standards) and $4900 for count 7, ill treatment of the ten Border Collies. The total penalty of $8050 took into account the defendant’s early guilty plea, making him eligible for a 30% discount.
Prohibition Order: Prohibited from owning any dogs other than four dogs that were in his care, and required to provide proof of the dogs’ desexing and registration to RSPCA SA within 28 days
Outcome for animals: Three of the ten seized dogs were pregnant and gave birth to 27 puppies while in RSPCA care. Of the total 32 puppies, 12 puppies did not survive due to congenital defects, the result of chronic inbreeding and poor early pre-natal care of their mothers. The remaining 20 puppies were rehomed.
All ten adult dogs exhibited symptoms associated with being “shut-down”, a psychological state in which the animal avoids any interaction with humans, doesn’t engage in any natural play behaviours and shows it is suffering fear and stress via its body language. It is a common outcome for dogs that live lives devoid of social and environmental enrichment. RSPCA SA’s dog care team, assisted by an external vet specialising in dog behaviour, worked for months to resolve the dogs’ behavioural issues. They succeeded with two of the dogs, who recovered sufficiently to be rehomed with owners who are knowledgeable about dog behaviour and training. Eight of the dogs continued to suffer due to extreme anxiety that could not be adequately managed with medication, and under expert veterinary advice it was decided that humane euthanasia was the only option.
Whyalla couple convicted on cruelty charges
Finalised 11 Aug 2021 in the Whyalla Magistrates Court
A Whyalla couple convicted on a cruelty charge in the Whyalla Magistrates Court allowed the coat of their elderly miniature poodle cross to become so overgrown and matted that the animal could no longer see or walk properly. In addition to his matted coat, the 13-year-old dog, named Monte, was suffering from dehydration, emaciation, tapeworms, fleas, arthritis and coughing as the result of an upper respiratory issue.
An RSPCA South Australia inspector attended at the Whyalla Stuart property on 26 May 2020 in response to a cruelty report. On seeing the dog’s condition, the inspector immediately took the animal to a Whyalla veterinary clinic. The examining vet, Dr Mustafa Bozkurt, found the dog had a severely matted and dreadlocked coat full of grass seeds and crawling with fleas, and a tapeworm in his anus.
The court heard that the couple felt deep remorse for what had happened to their dog. They had been overwhelmed at the time of the offending due to several tragic events within their family, their own health issues, and responsibilities for the care of an adult child with disabilities.
Court Outcome: Convicted, placed on a $500 good behaviour bond of 18 months. Legal and veterinary costs totalling $548.45 were awarded to RSPCA SA.
Prohibition Order: The couple were prohibited from owning any animals, except two pets already in their care. A veterinary report testified that these animals, a dog and a cat, were in good health and RSPCA inspectors are monitoring their ongoing care.
Outcome for animal: Despite the efforts of both the veterinary and animal care teams, Monte failed to respond to his medical treatment and collapsed and died two days after being seized. A post-mortem identified pneumonia as the likely cause of death, on top of the animal’s myriad of other health issues stemming from chronic neglect.
Woman convicted of an aggravated animal cruelty offence
Finalised 26 Aug 2021 in Christies Beach Magistrates Court
A 39-year-old woman whose Labrador endured what RSPCA South Australia’s chief veterinarian described as “an unimaginably long and painful death” was convicted of an aggravated[1] animal cruelty offence. The woman pleaded guilty and was convicted on one charge of ill-treatment of an animal in relation to a 10-year-old dog, named Rocky. A warrant was issued for a second defendant in the case, a 39-year-old man who failed to attend court. (He appeared in court at a later date and was convicted – see Case 21 below.)
An RSPCA South Australia inspector found Rocky deceased in the backyard of the couple’s Mitchell Park property on 5 August 2019. The male defendant advised the inspector that the dog had died the previous day. The inspector observed the dog to be in an extremely emaciated state. A subsequent post-mortem examination determined that the cause of death was emaciation and dehydration associated with a malignant tumour in the dog’s rear right hind leg. The ulcerated and maggot-infested tumour had severely swollen the affected leg, making it grotesquely deformed from the hock to the paw. It had also metastasised and spread to the dog’s internal organs. The court heard the dog had been left to suffer the disease for five months with no veterinary care or pain relief.
Court Outcome: Convicted, given a three-week term of imprisonment suspended on as 12-month/$300 good behaviour bond. Ordered to pay costs totalling $641.
Prohibition Order: Prohibited from acquiring or having custody of any animal until further order, except a cat currently in her care. Ordered to have the cat desexed and microchipped within 28 days.
Outcome for animal: Was found deceased in backyard.
[1] Under SA’s Animal Welfare Act, the maximum penalty for Aggravated Ill Treatment of an Animal is a $50,000 fine or 4 years imprisonment.
September 2021
Woman charged with breach of court order prohibiting animal ownership
Finalised 8 Sept 2021 in Berri Magistrates Court
A woman was charged with breach of a 2018 court order prohibiting animal ownership until further order. It was the second time the defendant had breached the order. She was found to be in possession of 10 puppies and 2 adult female dogs.
Court Outcome: Convicted, fined $2000, legal costs $110, animal care costs $5440
Prohibition Order: Existing order not to acquire or have custody of any animal until further order to remain in place.
Outcome for animals: All rehomed.
Owner convicted after leaving German Shepherd to suffer from a chronic ear infection without veterinary care
Finalised 10 Sept 2021 in the Elizabeth Magistrates Court
The owner of a German Shepherd was charged with animal cruelty after he left the dog to suffer from a chronic ear infection without veterinary care. The defendant was also charged with failure to comply with an Animal Welfare Notice (AWN) requiring him to seek veterinary treatment for his dog within a specified timeframe. The court heard that the defendant had owned the dog, named Sumo, since 2007 and had not taken him to a vet since 5 July 2017, despite being aware the dog was suffering from a chronic and painful ear infection.
An RSPCA inspector seized the dog on 6 February 2018 after the owner failed to comply with the AWN. At the time Sumo was seized, the inspector found the dog’s ear condition had not improved and that he was still shaking his head due to the pain and discomfort it caused.
RSPCA SA Chief Veterinarian Dr Brad Ward examined Sumo and concluded the nine-year-old dog was suffering end stage ear disease. In a statement to the court, Dr Ward said Sumo would not allow anyone to touch around the head of his ears and had a foul-smelling discharge as a result of the infections.
Dr Ward described the pain produced by the state of the dog’s ears as “unremitting, unrelenting and ongoing” and said the dog had spent virtually its lifetime suffering as a result of the untreated condition.
Court Outcome: Convicted, fined $550 and vet care/legal costs totalling $5000
Prohibition Order: Prohibited from owning any dogs until further order.
Outcome for animals: The elderly dog died of unrelated causes while in RSPCA care.
Couple and their adult son from Adelaide’s northern suburbs charged with six counts of Ill Treatment of an Animal
Finalised 27 Sept 2021 in the Adelaide Magistrates Court
A couple and their adult son from Adelaide’s northern suburbs were charged with six counts of Ill Treatment of an Animal for failing to provide appropriate and adequate living conditions for seven dogs, which were found living in squalid and unsanitary conditions. They were also charged with one count of failing to provide appropriate and adequate food for one of the dogs, a five-year-old female Labrador named Pumpkin who was nursing a litter of eight puppies.
RSPCA inspectors attended at the defendants’ home on 20 January 2021 in response to a cruelty complaint regarding the underweight condition of the Labrador. The inspectors assessed both the then pregnant Labrador and a male Golden Retriever named Chewy to be very thin. After a discussion with the inspectors, one of the defendants (a registered dog breeder) surrendered Chewy to RSPCA. An Animal Welfare Notice was issued, directing the defendant to feed Pumpkin according to a feeding plan.
On 15 February 2021 RSPCA received a report regarding the living conditions of the animals at the house. RSPCA inspectors again attended at the house and found the entire house to be in a squalid condition, with large amounts of rubbish piled on the floor, faeces scattered over most floors and a strong smell. There was no sign of any water provided for the dogs. Pumpkin’s eight newborn puppies were contained inside a filthy whelping box under the kitchen table and their mother, Pumpkin, was noticeably thinner and now in an emaciated state. Some dogs were found confined to rooms with no access to water.
Due to the squalid living conditions and the emaciated state of Pumpkin, all 14 dogs and puppies located at the house were taken into RSPCA care. RSPCA’s veterinary teams found Pumpkin had a body condition score (BCS) of 2/9, with generalised muscle wastage. Another dog was also underweight with a BCS of 3/9, while three dogs were assessed as obese, with BCS of 7-8/9. There were no health issues with the eight puppies.
Court Outcome: All three defendants were convicted and placed on 12-month/$500 good behaviour bonds and ordered to pay $1200 each in animal boarding fees to RSPCA SA.
Prohibition Order: The three defendants were prohibited from acquiring or owning any other animals aside from one dog, named Ruby, until further order
Outcome for animals: All the dogs were surrendered to RSPCA and have been rehomed, except a Chihuahua cross female dog named Ruby, who was obese when taken into RSPCA care. The female defendant sought the return of this dog. Magistrate Kym Millard said the house needed to be in a clean state before he would agree to the return of the dog.
An RSPCA inspector attended at the defendants’ property on 24 September 2021 to assess its condition and reported that the property had been significantly cleaned and rubbish removed. As a consequence, Magistrate Millard agreed to the return of Ruby to her owners on condition that she be desexed, microchipped, vet-checked every 12-months and that her care be overseen by RSPCA SA for the next three years.
October 2021
Couple pleaded guilty to starving their two mastiff-cross dogs
Finalised 11 Oct 2021 in the Christies Beach Magistrates Court
A 44-year-old man and his 39-year-old female partner pleaded guilty to starving their two mastiff-cross dogs. Following a report from a member of the public who was concerned about the dogs’ condition, RSPCA inspectors attended at the couple’s property on 12 June 2020. They located three large mastiff-cross dogs in the backyard. One of the dogs was in good condition, but the other two – an eight-year-old female named Scooby and a three-year-old male named Duncan – were in poor condition.
At the 12 June 2020 attendance, the inspectors issued the couple with an Animal Welfare Notice directing them on the feeding program required to bring their dogs up to a healthy weight. However, when the inspectors returned a week later, on 19 June 2020, the dogs had not gained weight and appeared to be very hungry.
As a result, Scooby and Duncan were seized and taken into RSPCA care where they were examined by Chief Veterinarian Dr Brad Ward. Both dogs were in emaciated condition. Scooby weighed 24.4kg with a body condition score (BCS) of 1/9. Duncan weighed 28.1kg with a BCS of 1.5/9. Blood tests on both dogs did not reveal any underlying diseases. Dr Ward estimated the dogs had been suffering malnutrition due to an inadequate diet for at least three to six weeks prior to their seizure.
Court Outcome: Convicted, sentenced to six weeks imprisonment, suspended on a $300 bond to be of good behaviour for 12 months. Each defendant was ordered to pay $2000 towards veterinary and boarding costs, $172 in court fees and $75 in legal fees.
Prohibition Order: Both defendants were prohibited from owning any animals until further order and ordered to surrender a dog currently in their care to RSPCA SA within seven days.
Outcome for animals: After one month on a high quality, high calorie diet, Scooby weighed 35.6kg (a 46% increase in body weight) and had a BCS of 4.5/9, while Duncan weighed 40.1kg (a 47% increase in body weight) and had a BCS of 5/9. Duncan was surrendered to RSPCA, while Scooby was forfeited by court order to RSPCA, and both were rehomed.
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November 2021
RSPCA SA’s legal counsel applied to the court for an order prohibiting a male defendant from owning any animal
Finalised 8 Nov 2021 in the Port Adelaide Magistrates Court
RSPCA SA’s legal counsel applied to the court for an order prohibiting a male defendant from owning any animal. The 33-year-old of no fixed address had been recently convicted by SA Police for animal cruelty The defendant had been witnessed pulling on a lead draped over his shoulder that was attached to a collar on a dog, resulting in the dog at times being lifted off the ground. He had also been witnessed smashing a wine bottle over the dog’s head.
RSPCA SA’s legal counsel applied to the court for an order prohibiting the defendant from owning any animal.
Court Outcome – Successful (application granted in defendant’s absence) – Forbidden from acquiring or having custody of any animal until further order.
Outcome for animal – The one-year-old female dog was taken into RSPCA SA’s care for veterinary examination. Fortunately, the dog did not sustain physical injury but was timid. She went into care with an RSPCA foster carer, who later adopted her.
Woman charged with breach of court order prohibiting animal ownership
Finalised 8 Nov 2021 in Port Adelaide Magistrates Court
A woman was charged with breaching a 2018 court order prohibiting ownership or any animal until further order. The defendant was found to be in ownership of a cat.
Court Outcome: Convicted, fined $120 and ordered to pay prosecution costs of $150 and $3000 in care and boarding costs to RSPCA.
Prohibition Order: Existing prohibition order to remain in place, until further order.
Outcome for animals: Seized cat was rehomed.
50-year-old man allowed his dog to suffer one of the worst cases of chronic dental disease RSPCA South Australia’s vet team had ever seen
Finalised 8 Nov 2021 in Port Adelaide Magistrates Court
A 50-year-old man allowed his dog to suffer one of the worst cases of chronic dental disease RSPCA South Australia’s vet team had ever seen. Following a cruelty report, RSPCA SA inspectors attended at a Woodville Gardens property on 24 September 2020, where they seized the 15-year-old male King Charles Cavalier Spaniel cross, named Marley.
The dog was emaciated, weighing just 12.4kg and with a BCS (body condition score) of 1/5. Marley’s mouth and nostrils were swollen and inflamed, and a vile odour indicated chronic infection. Under anaesthesia, dental examination revealed the dog’s lips, gums and the front 70% of his mouth were all ulcerated. Only five of Marley’s 42 teeth were able to be saved; the remainder all needed to be removed due to advanced dental decay. In addition, the dog was found to be suffering from underlying cancer of the lips and oral cavity.
RSPCA SA Chief Veterinarian Dr Brad Ward described the state of Marley’s mouth as one of the most shocking cases of dental disease he has seen in 40 years of veterinary practise. Dr Ward estimated that Marley had suffered from dental disease for at least one year, and that the cancer had been present for at least six months.
Court Outcome: Convicted, imprisonment for 2 months and 24 days, suspended on good behaviour bond of $200. Ordered to pay half of the vet and legal costs being $641.
Prohibition Order: Prohibited from acquiring or owning any animal, until further order.
Outcome for animal: Post-surgery, Marley was put on to a strict dietary regime in a bid to increase his weight, but this was unsuccessful. Despite ongoing intensive veterinary care including pain medication, the dog’s condition continued to deteriorate and the decision to humanely euthanase him was made.
Owner convicted on cruelty charges for failing to take responsibility for keeping dogs long coats clean, trimmed and unmatted
Finalised 19 Nov 2021 in Elizabeth Magistrates Court
The owner of two Maltese terrier dogs was convicted on cruelty charges for failing to take responsibility for keeping their long coats clean, trimmed and unmatted. A Salisbury council animal management officer found the dogs as strays on 18 February 2021 and took them to a Salisbury vet clinic because of their extremely matted condition. The attending vet then contacted RSPCA SA due to his concerns for the dogs’ welfare.
An RSPCA SA inspector attended at the clinic and transferred the dogs to RSPCA’s Lonsdale shelter. On examination by RSPCA SA’s vet team, the 10-year-old male dog named Tofu was found to have not only a badly matted coat but was also underweight, weighing just 3.6kg and with a BCS (body condition score) of 2/9. In addition, Tofu was suffering severe dental disease that required the extraction of 23 rotten teeth (14 were already missing, which left Tofu with only five teeth) and bilateral conjunctivitis. After being clipped, his filthy removed coat was found to contain some wire which fortunately had not cut his skin.
The other dog, a 10-year-old male named Buu Buu, was also assessed as underweight with a BCS of 2/9.
During sentencing, Magistrate Benjamin Sale asked the defendant to have a close look at the photos and to remember the look particularly on the face of Tofu.
Court Outcome: Convicted, placed on an 18-month good behaviour bond of $500. Ordered to pay vet/boarding fees of $1714 and legal fees of $150.
Prohibition Order: Prohibited from acquiring or owning any animal for 5 years.
Outcome for animals: Both dogs recovered in RSPCA SA care and were rehomed.
December 2021
Woman pleaded guilty to cruelty offences after starving two animals she kept inside a filthy aviary
Finalised 1 Dec 2021 in the Berri Magistrates Court
A Riverland woman pleaded guilty to cruelty offences after starving two animals she kept inside a filthy aviary, one of which died. RSPCA SA inspectors attended at the defendant’s property on 2 March 2021 to check on the welfare of her animals. No-one was home at the time, and the inspectors observed over the back fence an aviary with a small dog inside and an empty automatic food dispenser. Concerned about the animal’s living conditions, the inspectors entered the backyard via a side gate.
The aviary measured 1.5m x 1.5m and was divided into two parts, with the dog on one side and a deceased cat on the other. There was no bedding and faeces covered the floor. Both animals were seized, with the cat’s body taken to a pathology laboratory for post-mortem and the dog taken to RSPCA’s Lonsdale shelter.
RSPCA SA’s Chief Vet Dr Brad Ward assessed the dog, a one-year-old Kelpie cross named Daisy, as having a BCS (body condition score) of 1.5/9, indicating emaciation. Daisy weighed 5.1kg, and Dr Ward estimated she had been starved for at least three weeks prior to seizure.
On 6 May 2021, an RSPCA SA inspector reattended at the defendant’s property to check on the welfare of two kittens. Due to concerns for the kittens’ welfare, the animals were seized. The defendant faced four charges of ill-treatment of an animal in relation to the deceased cat Milo, Daisy the dog and the two kittens.
Court Outcome: Convicted, two-year good behaviour bond of $500. Magistrate David McLeod reduced the costs sought due to the defendant’s limited finances, imposing costs of $100 for vet fees, a prosecution fee of $150 and waived the court fee.
Prohibition Order: Prohibited from acquiring or owning any animal, until further order.
Outcome for animals: Put on to a careful feeding program, Daisy gained 3.5kg within a month and was rehomed. The two kittens were also rehomed.
Couple pleaded guilty to leaving their young dog chained to a tree without food, water or adequate shelter
Finalised 1 Dec 2021 in the Berri Magistrates Court
A couple from SA’s Murray Mallee region who left their young dog chained to a tree without food, water or adequate shelter pleaded guilty to a cruelty charge. An RSPCA SA inspector attended at the couple’s property on 18 November 2020 in response to a cruelty report. He located the emaciated one-year-old male Staffordshire Bull Terrier cross in the backyard, tethered by a three-metre-long metal chain to a tree that was two-metres tall and provided little shade.
The dog, named Roughie, did not have access to any water, shelter, or adequate shade. Due to his poor condition, the inspector advised the couple that he was seizing the dog and taking him into RSPCA care. The couple were given the option of surrendering their dog to RSPCA, which they agreed to do.
The inspector transported Roughie to RSPCA’s Lonsdale shelter, where his weight was recorded at 13.9kg. RSPCA South Australia’s Chief Vet, Dr Brad Ward, estimated that the dog had been starving for at least three weeks before his rescue. Dr Ward gave the dog a BCS (body condition score) of 1/9, indicating extreme emaciation, and observed a large number of grass seeds embedded in the dog’s hair and one grass seed in his ear canal. Roughie also had dried blood around his ears, which Dr Ward attributed to insects such as mosquitoes and flies biting the skin and drawing blood.
Court Outcome: Both convicted and sentenced to complete 100 hours of community service within 12 months and to report to the Department of Correctional Services for this purpose within seven days. Also ordered to each pay $463 to help cover veterinary and court costs.
Prohibition Order: RSPCA SA’s legal counsel sought a prohibition order preventing the couple from owning or acquiring any other animals, until further order. Magistrate David McLeod elected not to impose a prohibition order.
Outcome for animal: Under a careful feeding plan to get him back to an ideal body weight, Roughie gained 11.3kg within six weeks. He went into foster care before being adopted into a new home in January 2021.
January 2022
Man faced cruelty charges after one of his dogs was picked up as a stray in an emaciated condition
Finalised 18 Jan 2022 in the Mt Gambier Magistrates Court
A 32-year-old man faced cruelty charges after one of his dogs, a two-year-old Staffordshire Bull Terrier cross named Diesel, was picked up as a stray by a council officer on 7 April 2021. Due to the dog’s emaciated condition, the officer immediately took the animal to a vet clinic. Diesel’s pelvis, spine and skull were visible, and he weighed 10.5kg. The assessing vet, Dr Caroline Weston, gave him a BCS (body condition score) of 1/9 indicating extreme emaciation. Dr Weston estimated that Diesel was suffering from an inadequate diet and starvation for at least four weeks prior to being picked up by the council officer. She also observed that the dog had a heavy flea infestation.
Diesel was placed on a drip and admitted to the clinic overnight. On 8 April 2021, an RSPCA SA inspector collected Diesel after being contacted by the South-East Animal Welfare League, where the dog had been transferred. The inspector attended at the defendant’s home on 9 April 2021 and located a second dog that was also in emaciated condition. The two-year-old Bullmastiff cross, named Layla, was seized and taken to RSPCA’s Lonsdale shelter with Diesel. On assessment, RSPCA SA vet Dr Gayle Kothari gave Layla a BCS of 2/9.
The defendant had owned Layla for approximately two years, while he was supposed to be caring for Diesel on behalf of the dog’s owner, who was a friend. The defendant admitted the dogs were not fed daily, and sometimes went without food for three to four days. He advised the RSPCA SA inspector that at one time he had been away for two weeks, and that he had asked someone to feed the dogs in his absence.
Court Outcome: Convicted, placed on an 18-month/$500 good behaviour bond. Legal costs of $454 and vet costs of $399.80 were ordered.
Prohibition Order: Prohibited from acquiring or owning any animals until further order.
Outcome for animals: In the care of RSPCA staff at the organisation’s Lonsdale shelter, Diesel’s weight increased by 90% in 43 days, to 20kg. He went into foster care before being rehomed in May 2021.
Under a careful feeding plan, Layla also gained weight, but – despite months of work with RSPCA’s dog care team – her aggressive behaviour towards other dogs (including Diesel) could not be modified, and she was euthanased as she was unsafe to be rehomed.
Whyalla couple faced cruelty charges after not grooming their long-coated dog for up to six years
Finalised 18 Jan 2022 in the Whyalla Magistrates Court
A Whyalla couple faced cruelty charges after not grooming their long-coated dog for up to six years. Responding to a cruelty report, an RSPCA SA Inspector attended at the defendants’ property on 17 August 2022. He found the nine-year-old female Labrador crossed with a Poodle (known as a Labradoodle) lying on concrete in the backyard. The dog’s coat was matted to the point where she was barely able to walk.
The male defendant advised the inspector that he and his wife had owned the dog, named Sol, for eight years. He agreed that her coat was in appalling condition and admitted that the dog had not been taken to a vet for a long time. Due to the dog’s shocking state, the inspector seized her and took her to a Whyalla veterinary clinic. At the clinic, Dr Mustafa Bokzurt examined Sol and advised that she would have to be sedated in order for her coat to be clipped right down to her skin.
It took about an hour to remove Sol’s coat, which weighed 6.4kg. It contained an embedded ball of Christmas tinsel, dirt, grass seeds and faeces. Dr Bokhurt’s expert opinion was that it would have taken up to six years for the coat to get to that level of severe matting. Sol was transported from the Whyalla clinic to RSPCA’s Lonsdale shelter on 18 August 2021, and the following day taken to RSPCA PetVille in Hillcrest to be professionally groomed because she smelt and had a large amount of dandruff on her skin. She also required her nails to be clipped. Throughout all procedures she showed no signs of aggression.
Court Outcome: Not Convicted, good behaviour bond of $500 for 18 months on each defendant. Costs of $925 re vet/boarding and $291 +$150 legal costs were ordered (each to pay half).
Prohibition Order: Prohibited from acquiring or owning any animals was made until further order.
Outcome for animals: The defendants formally surrendered Sol on 20 September 2021, and she found a new home with her foster carer.
February 2022
SA Police officers attended a northern suburbs residence on police matters and observed an emaciated female dog and three puppies
Finalised 9 Feb 2022 in the Elizabeth Magistrates Court
On 24 December 2019, SA Police officers attended at a northern suburbs residence on police matters and observed an emaciated female dog and three puppies. The officers decided the animals’ poor condition warranted them being seized, and they contacted the local council to collect them. Concerned by the emaciated state of the female dog, a local council officer took all the animals to a vet clinic for examination and treatment.
In addition to the dog’s emaciation, the treating vet noticed one of the animal’s front paws had a large abscess that was oozing pus and causing discomfort. The vet removed two grass seeds from the abscess, cleaned the area and administered antibiotic medication.
On 26 December 2019, an RSPCA SA inspector collected the animals and transported them to RSPCA’s Lonsdale shelter. The dog was examined by RSPCA SA vet and found to have a BCS (body condition score) or 1/9. Two of the three puppies were slightly underweight.
Court Outcome: The male defendant was convicted on 9 Feb 2022, after a warrant was issued for his arrest. He was given a three-year good behaviour bond of $1000, ordered to pay $2500 vet fees/boarding fees, court fees waived, $150 pros fee. (The female defendant received the same sentence in October 2020, aside from an order for lower costs of $426.)
Prohibition Order: Both defendants were forbidden from acquiring, or having custody of, any animals for two years.
Outcome for animals: All animals recovered in RSPCA SA care and were rehomed.
Man charged with failing to take reasonable steps to mitigate harm
A 32-year-old man whose dog was found deceased in the back yard of his northern suburbs house was charged with failing to take reasonable steps to mitigate harm. An RSPCA South Australia inspector attended at the property on 14 August 2020 in response to a cruelty report and found the deceased female Staffordshire Bull Terrier cross lying on grass next to a bucket of water. The one-year-old dog, named Narla, was completely emaciated, with ribs, spine and pelvic bones all prominent and a BCS (body condition score) of 0.5/9.
The court heard that defendant and his family acquired Narla in early 2020 because they wanted a guard dog. In early August 2020, the family left for a one-week trip to the Riverland, leaving their dog with food and water and instructions to a neighbour who agreed to keep an eye out. Three days into the trip, the defendant received a call from the neighbour asking him to return home because the dog was unwell. On returning to the property, the couple noticed that there was vomit and saliva all over the back carport and verandah.
The defendant said he called a vet but could not afford to get the dog veterinary treatment. Narla was still attempting to eat and he gave her dog biscuits and was optimistic that she would recover, however the dog died two days after his return. A pathology examination of Narla’s body found a foreign object measuring approximately 500mm long by between 5-50mm wide obstructing the dog’s digestive tract. The body weighed 11.3kg and there were indications that the dog may have died up to three days prior to RSPCA receiving a report.
After reviewing the pathology results, RSPCA SA’s Chief Veterinarian Dr Brad Ward concluded that a dog in previously good condition would take a minimum of 10 days with no feeding to reach Narla’s state of emaciation. In his opinion, the obstruction Narla suffered would have caused her to vomit and would have prevented her from eating.
Court Outcome: Convicted. Magistrate Ben Sale took into account the defendant’s early plea, absence of any criminal record, remorse, cooperation with authorities and cognitive issues in handing down a suspended prison term of one month and six days, with a good behaviour bond of three years. A warrant has been issued for the arrest of the man’s former partner, who is co-accused of the offence.
The defendant was ordered to pay half of the vet and legal costs being $904.40 (RSPCA SA will apply for the other half of costs when the co-accused defendant’s case finalises.)
Prohibition Order: Prohibited from owning any animals until further order.
Outcome for animal: Dog deceased when found.
March 2022
Man convicted and prohibited from acquiring or owning any animals
Finalised 9 March 2022 in the Christies Beach Magistrates Court
Refer case 5 for details of this case. Male co-defendant appeared in court and sentenced on 9 March 2022, after warrant was issued for his arrest.
Court Outcome: Convicted, fined $2700 and order to pay court fees of $286.
Prohibition Order: Prohibited from acquiring or owning any animals, until further order.
Outcome for animals: Dog deceased when found.
Couple convicted for starving dogs and failing to get veterinary care
Finalised 18 March 2022 in the Elizabeth Magistrates Court
A 26-year-old man and his 25-year-old-female partner from Adelaide’s northern suburbs were prosecuted for cruelty offences after allowing their two Siberian Huskies to starve, one of them to death. An RSPCA SA inspector attended at the Davoren Park property on 6 June 2021 in response to a cruelty report. No-one was home at the time, but the inspector observed over a fence both the deceased dog and a second dog, emaciated but alive, in the backyard. He accessed the backyard via a side gate and located the deceased dog at the back door of the house. The surviving dog, an eight-year-old female Siberian Husky named Sky, was in such poor condition she was immediately taken to a nearby vet for treatment.
Sky weighed 11.3kg and had a body condition score of 1/9, indicating extreme emaciation. RSPCA SA Chief Vet Dr Brad Ward stated that the dog had been rescued just in time. He estimated that Sky had been starved for between two to six weeks prior to her seizure.
A post-mortem of the deceased dog, a three-year-old male Siberian Husky named Jedi, revealed he had died recently and weighed 11kg. The pathology report stated that the dog’s empty intestinal tract indicated he had starved for several days. The male defendant told the RSPCA SA inspector that he had noticed Jedi’s legs were paralysed a few days prior to the dog’s death and had thought the dog had ticks.
Magistrate Ben Sale describe the offending as “shameful behaviour” and that the seriousness of the offence warranted an immediate prison term. He elected home detention instead, primarily because the couple have three young children to care for. His Honour said he hoped that the suffering and tragic outcome for the two huskies was a “constant source of sadness and shame” for the couple.
Court Outcome: Convicted, a five month and 12 days term in home detention. Both defendants were ordered to pay costs of almost $1500 each. The home detention order is effective immediately and the terms of the order include 20 hours of community service and compliance with electronic monitoring.
Prohibition Order: Both prohibited from acquiring or owning any animals until further order
Outcome for animals: In the care of RSPCA, the surviving dog, Sky, almost doubled in body weight to 22.3kg over a two-month program of careful feeding. She was put into foster care during her recovery and found a new home in August 2021.
Woman charged with breach of court order prohibiting animal ownership
Finalised 22 March 2022 in the Mt Gambier Magistrates Court
A female defendant was charged with breaching a 2015 court order prohibiting her acquiring or having custody of any animals.
Court Outcome: Convicted, fined $300, court costs of $291 and prosecution costs of $150
Prohibition Order: 2015 order to remain in place.
Outcome for animals: 6 green tree frogs and 5 bearded dragons all rehomed.
May 2022
An emaciated Kelpie Cross located in the backyard of a southern suburbs residence
Finalised 6 May 2022 in the Christies Beach Magistrates Court
Responding to a cruelty report, an RSPCA SA inspector attended at a southern suburbs residence and located an emaciated kelpie cross in the backyard. Due to the dog’s condition, the animal was seized and taken to the Lonsdale shelter. A vet examination found the dog weighed 11.5kg and had a BCS (body condition score) of 1/9, indicating emaciation.
Court Outcome: Magistrate Rodney Oates elected not to record a conviction. His Honour sentenced the woman to an 18-month/$500 good behaviour bond and ordered her to pay prosecution costs of $150 and $831 to RSPCA SA for boarding and vet costs
Prohibition Order: Prohibited from owning any animal, until further order.
Outcome for animals: The dog was placed on a high calorie feeding program, and three months after seizure the animal weighed 22kg – a weight increase of 91%. The dog was rehomed in October 2021.
June 2022
Man was found to be using home remedies to treat his dog’s chronic medical conditions
Finalised 6 June 2022 in the Christies Beach Magistrates Court
A 58-year-old man who used home remedies to treat his dog’s chronic medical conditions was charged with ill treatment by failing to mitigate harm to his dog between 1 January 2019 and 18 February 2019. The dog – a 10-year-old Border Collie cross named Fudge – was suffering from an untreated, ulcerated tumour, infected wounds and a matted coat. An RSPCA SA inspector attended at the defendant’s western suburbs home in February 2019 in response to a report of a dog with maggot-infested wounds on its back. The inspector observed Fudge in the backyard making sharp head movements towards his wounds, which she believed indicated the dog was suffering sudden, sharp jolts of pain. The dog had extensive wounds halfway down his back and to the rear of his legs. The wounds were crusty, scabby and red in parts and the dog was dirty with faecal matter at his rear. The inspector could see pus from cracks in the scabs, that came out more when he moved.
The defendant’s wife told the inspector that her husband had been treating the dog himself. This treatment involved the application of a tea tree oil spray to the back wounds and bathing the dog in the sea.
Due to her concerns about the dog’s condition, the inspector seized the dog and immediately transported him to RSPCA’s Lonsdale shelter for veterinary treatment.
The defendant pleaded not guilty to the charge and the matter when to trial. In sentencing, Magistrate Rodney Oates said the defendant knew his dog was suffering from the ulcerated tumour and his failure to take the dog to a vet as soon as possible after the condition was discovered was unreasonable. As a result, the dog suffered for an extended time and his recovery took longer.
Court Outcome: Convicted, 18-month/$500 good behaviour bond, legal costs of $18,100, vet and care costs to RSPCA $6,333
Prohibition Order: The defendant is prohibited from owning any dogs other than Fudge for the term of Fudge’s life.
Outcome for animal: RSPCA SA opposed the return of the dog to the defendant, but Magistrate Rodney Oates ordered that Fudge be returned under strict care conditions, overseen by the RSPCA SA inspectorate for two years.
Woman pleaded not guilty to animal cruelty charges relating to four horses and a pony
Finalised 16 June 2022 in the Elizabeth Magistrates Court
A woman from Adelaide’s northern suburbs pleaded not guilty to animal cruelty charges relating to four horses and a pony, resulting in the matter going to trial. When taken into RSPCA SA’s care in March 2021, the animals were underweight and had swallowed large quantities of sand. One horse, a Clydesdale cross stallion named Buckey, had developed colic from ingesting sand and required urgent veterinary treatment and hospitalisation. Buckey, together with a mare named Alice and a colt named Bodi, was also suffering from chronic scouring (diarrhoea) as a consequence of having a significant gastrointestinal sand load.
An RSPCA South Australia inspector first attended at the defendant’s property near Gawler on 28 February 2021 in response to a report of thin horses in yards with inadequate feed, and one horse rolling on the ground (a potential sign of colic, which can be fatal). The defendant was not present, but the inspector spoke with the woman’s former partner and issued an Animal Welfare Notice that required two mares with scouring to be seen by a vet within 24 hours.
The defendant complied with this notice, but two weeks later (14 March 2021) RSPCA received a further report of horses at the property being without food or water. An RSPCA inspector again attended and observed a total of eight horses on the property. Four of the horses were emaciated and none had access to water. All the horses drank readily when offered water. On the request of RSPCA, an equine vet came to the property later that day to examine the horses of greatest concern. She later provided a report in which she said inadequate feeding had occurred over a minimum period of two months. As a consequence of scavenging for food on barren ground, all the horses had high gastrointestinal sand accumulations, and some had scouring. Without proper nutrition and treatment for the sand accumulation, the vet warned that all the horses were at significant and imminent risk of colic.
On the basis of this advice, RSPCA seized five horses – seven-year-old stallion Buckey, six-year-old mare Alice, five-month-old colt Bodi, a nine-year-old Standardbred mare named Yurei and a six-year-old Welsh pony called Max.
Court Outcome: Magistrate David White elected not to record a conviction. His Honour imposed an 18-month good behaviour bond and ordered the defendant to pay RSPCA South Australia $21,134 towards the costs the charity incurred in caring for the animals. The defendant was also ordered to pay $2000 in legal costs. (RSPCA SA had sought $42,268 the organisation has paid out to external service providers for veterinary care, feed and agistment along with $3000 in legal fees.)
Prohibition Order:, The defendant was prohibited from acquiring more horses for 18-months.
Outcome for animals: The defendant made submissions to the court, advising that the horses were intended to be kept on the property of a veterinarian, for whom she works as a veterinary nurse. His Honour ordered that the three horses still in RSPCA care (Buckey, Alice and Bodi) be returned to the defendant, with their ongoing care supervised by RSPCA for 18 months. Of the remaining two horses, Yurei was reclaimed by her owner (not the defendant) and the pony, Max, was rehomed.
Mount Gambier woman pleaded guilty to two counts of ill-treatment of an animal
Finalised 27 June 2022 in the Mt Gambier Magistrates Court
A 60-year-old Mount Gambier woman pleaded guilty to two counts of ill-treatment of an animal after leaving an adult cat in a carry case atop a plastic container filled with seven kittens outside the South East Animal Welfare League in Mingbool near Mount Gambier whilst the facility was closed. An AWL employee found the dumped felines on the afternoon of 21 April 2021 when she arrived to commence her shift.
The woman was also charged with failing to take reasonable steps to mitigate harm to another cat, seized at her property by an RSPCA South Australia inspector on 10 June 2021 after being found emaciated, with a matted coat, ingrown nails puncturing paw pads and suffering severe dental disease. The 17-year-old male cat, named Kitty, underwent emergency dental surgery at RSPCA’s Lonsdale veterinary clinic to remove four rotten teeth and was fully clipped to remove his matted and soiled fur.
In addition to the adult cat, the RSPCA SA inspector also seized two 8-week-old kittens because of the filthy and squalid conditions at the defendant’s property.
Court Outcome: Magistrate Koula Kossiavelos elected not to record a conviction, citing the woman’s mental health and her role of primary carer for her seriously ill husband. Her Honour imposed a 12month/$200 good behaviour bond and ordered the defendant to pay $150 legal costs and $317 in animal care/vet costs.
Prohibition Order: The defendant was limited to ownership of three cats, to be cared for under supervision of RSPCA for 12 months.
Outcome for animals: All of the felines left in containers outside the AWL shelter appeared weak and lethargic. They were sneezing and had runny eyes consistent with cat flu. Some had diarrhea with freshly matted fur, fleas and worms. The AWL employee decided that the cats’ obvious ill health meant euthanasia was the most humane option, and she took them to a Mount Gambier vet clinic where this occurred.
Kitty, the 17-year-old cat seized from the defendant’s property, was transferred into foster care but his condition deteriorated, exacerbated by the chronic neglect he had endured, and he died on 27 June 2021.
The two kittens seized at the property were rehomed.
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