Prosecutions

Services

Print	Email to friend

> > > Prosecutions

Prosecutions

In addition to investigating cruelty, RSPCA Inspectors spend a significant portion of their time preparing animal cruelty cases and attending court. In the last year, a total of 50 defendants were taken to court, relating to 50 - offences offences.

Whilst the RSPCA's record in prosecution is good, the financial penalty of losing a case can be extremely high. Court cases and potential appeals can be extremely costly and difficult to plan for. Fines imposed by the court, are allocated to the State Government and whilst costs can be awarded to the RSPCA, these are often difficult to recover from the offenders.

The following examples will help you understand the extent and level of cruelty that currently exists in Victoria. These not only illustrate the variety of animals that our Inspectors must protect but also the large differences in penalties deemed appropriate by the Magistrate's Court. The maximum penalty for any charge under the Prevention of Cruelty to Animals Act is a $24,000 fine and/or 24 months imprisonment term.

WARNING: Please be advised that some of the following cases show graphic editorial and pictorial evidence of animal cruelty.

Case 1

Case 2

Case 3

Case 4

Andrew Lindsay - Ballarat Magistrates Court

In late 2008, on a routine inspection of a rural property, an RSPCA Inspector noticed a small number of sheep in a paddock close to the farm house. One of the sheep was lying down on its side and appeared to be trying to get up, flailing its legs out to the side, but unable to right itself. Upon closer examination of the sheep the Inspector noticed the head of a dead lamb protruding from the sheep. The sheep was in pain and was suffering quite badly.

On questioning the owner about the condition of the sheep, the owner stated that the sheep had gone down two days earlier and that he had attempted to help it after one day by rubbing its belly. The owner admitted something was wrong with the sheep and that it had gasped for air when he had pressed on its chest. He also stated that he had not called a veterinary practitioner to attend to the sheep because he thought it was going to die.

As a result of failing to provide veterinary or other appropriate attention or treatment for the animal, the sheep had become seriously disabled and was subsequently euthanased on humane grounds.

The owner was charged with three offences under the Prevention of Cruelty to Animals Act and ordered to appear at Ballarat Magistrates Court. As a result, the owner was placed on a 12 month undertaking and ordered to pay costs of $65.

Margaret Higham – Geelong Magistrates Court

Animal cruelty comes in many shapes and forms. Animal hoarding is one scenario that RSPCA Inspectors deal with frequently. Animal hoarders accumulate large numbers of animals that they simply cannot care for. Some hoarders start with good intentions, but as the number of animals collected increases, the situation gets out of control.

Margaret Higham was a known animal hoarder having received arrest warrants in other Australian states. In 2008 RSPCA Inspectors were called to a property in Casterton, following information received by Victorian Police that Margaret and her husband Joseph, were located at a property in the vicinity. Upon arrival at the property a large number of dogs could be seen, both confined and roaming free. A number of dogs had obvious leg injuries as they were unable to bare weight on their legs. The dogs were displaying signs of aggression and a number of fights broke out amongst the dogs.

Upon closer inspection of the property and its various buildings, Inspectors calculated that there were approximately 130 dogs, including puppies and three pigs on the property. Many of the animals were in very poor condition and unsociable, and Inspectors identified a number of welfare issues including injuries, sickness, parasite burdens, deformity, inadequate shelter and inadequate confinement.

Consulting with a local veterinarian, RSPCA Inspectors began to closely examine the condition and health of the animals on the property. Due to the vast number of animals present, that were not able to be cared for properly by the owner, many had to be euthanased on humane grounds because of health problems sustained.

In total, 127 dogs/puppies were seized from the property by RSPCA Inspectors. 45 dogs and puppies, and three pigs were removed from the site and placed in the care of RSPCA shelters in Victoria. The remaining 82 dogs and three pigs were unfortunately euthanased under veterinary guidance on humane grounds.

Margaret Higham pleaded guilty to 20 charges of animal cruelty on 5 August 2009 at the Geelong Magistrates Court. She was convicted of all 20 charges and ordered to pay $20,000 in costs.

Wodonga Magistrates Court

An offender pleaded guilty to six charges at the Wodonga Magistrates Court on 23 June 2009. The charges related to animal cruelty inflicted upon his two dogs.

Following an inspection by an RSPCA Inspector Guy Gorman in August 2008, The offender failed to comply with two formal notices to seek a veterinary assessment of both dogs and to provide sufficient food and worming treatment. He also received an advisory letter and education in caring for his dogs.

One of the dogs, Boof, was so emaciated that individual ribs, spine and pelvic bones were visible. He had a severe lack of muscle mass, and very little to no body fat. Magistrate Len Brear, presiding over the matter, said that there was no excuse for the ‘absolutely disgraceful’ condition of the dogs, stating “if you can’t afford to keep an animal properly, you shouldn’t keep it”. He also added that the offender's “inability” to empathise with the dogs’ condition warranted a prison sentence.

The offender received a three-month suspended prison sentence, a 10-year banning order on owning animals and was ordered to pay a total of $3,743 to the RSPCA. This is the second time in a matter of weeks that a 10-year banning order had been issued by a Victorian court.

Thien Nguyen – Sunshine Magistrates Court

A team of RSPCA Veterinarians and Inspectors, along with officials from the Department of Sustainability and Environment and the Victoria Police attended the premises of Thien Nguyen in 2008 following information received that he was keeping gamecocks used for cock fighting.

Following the issue of a search warrant, RSPCA Inspectors found gamecock literature and the cut off legs of two gamecocks inside the premises, and a row of cages in the backyard containing birds.

One cage held a white rooster which was obviously very ill and with no food or water. All remaining cocks were groomed in a manner consistent with cockfighting i.e., with their combs and spurs cut.

At the rear over 20 more birds were found inside a garden shed and an area that appeared to be a preparation area for the gamecocks. Cock fighting instruments were also found both inside the shed, and inside the owner’s house.

The owner was charged with six offences, including the use of his premises for the purpose of cock fighting, aggravated cruelty and possessing cock fighting instruments. He received a six-month prison sentence suspended for 12 months, ordered to pay $2,000 in fines and banned from owning poultry for five years.

Report cruelty

P 03 9224 2222
Report cruelty online

Tags: inspector, prosecution, inspectorate, cruelty, case, prevention, cockfighting, hoarding, magistrate, court, case