62-year-old man from Flagstaff Hill was convicted in the Christies Beach Magistrates Court today on one count of aggravated animal ill-treatment under SA’s Animal Welfare Act after failing to seek veterinary care for his chronically ill dog.
The nine-year-old Boxer cross, named Hudson, was brought into RSPCA South Australia’s care on 18 March 2023 after being found wandering loose in Flagstaff Hill. The dog had a large, ulcerated tumour covering his chest and another large, pendulous tumour hanging from his right hind leg that impeded his movement.
RSPCA SA vet Julie Hearn described Hudson’s temperament during examination and assessment of his condition as “sweet, compliant and tired”. Due to the dog’s shocking condition and poor prognosis, it was decided that euthanasia was the only humane option. The court heard that, prior to being found wandering at large, the last time that Hudson had been seen by a vet was on 13 January 2022.
Magistrate Kylie Schulz sentenced the defendant to a prison term of two months and 24 days, reduced from four months due to his early guilty plea. Her Honour suspended the sentence upon the defendant entering into a 12-month good behaviour bond and prohibited the defendant from owning any animals until further order.
Her Honour told the court that a paramount consideration in sentencing was protecting animals and general deterrence, and agreed with RSPCA SA’s assertion that veterinary treatment should have been sought at a much earlier stage.
“Animals are reliant on their owners to obtain veterinary treatment at the earliest opportunity,” Her Honour said.
“They cannot tell us how much pain they are in, and owners must limit any suffering that their animals endure.
“You were misguided in believing your remedies were sufficient rather than the care of a professional.”
RSPCA SA Chief Inspector Andrew Baker said the defendant had chosen to ignore his dog’s very obvious need for veterinary treatment, and the consequences for his pet had been horrendous.
“This poor dog has been left to endure the full course of cancer for months, with no pain relief – indeed, Hudson received no veterinary attention for almost a year before he came to us,” Inspector Baker said.
“It was just by chance that this desperately ill dog wandered off his owner’s property and was found and brought to our vet team, far too late for them to do anything for him other than stop his pain and distress by humanely euthanasing him.
“Timely vet care is a critical part of pet ownership – to ignore what is happening with an animal and allow their condition to deteriorate to this point is shocking and cruel.
“We urge pet owners not to turn a blind eye when their animals require vet attention, and to take their pets for regular vet check-ups so if any health issues arise, they can be detected and treated early.
“And if a vet recommends euthanasia as the most humane option, then as loving and responsible owners we should accept that expert advice.”
Under SA’s Animal Welfare Act, the maximum penalty for animal cruelty is $20,000 or two years’ imprisonment. For an aggravated cruelty offence, the maximum penalty is $50,000 or four years’ imprisonment.
RSPCA South Australia is the state’s only animal welfare charity with inspectors empowered to prosecute animal cruelty under SA’s Animal Welfare Act.
Members of the public who witness animal cruelty or neglect are urged to immediately call RSPCA’s 24-hour cruelty report hotline on 1300 477 722.
