A scaffolder who beat a Labrador puppy to death with a slipper has been jailed.
Callum Gerken, 27, admitted one charge of causing unnecessary suffering to an animal, contrary to section 4 of the Animal Welfare Act 2006. He also admitted sending voice messages with the intention of causing distress or anxiety, which is an offence under section 1 of the Malicious Communications Act 1988.
The maximum penalty for an offence under the 2006 Act, which is a summary offence, is 6 month's imprisonment and/or an unlimited fine. The maximum penalty for an offence under the 1988 Act, which is an either-way offence, is 2 year's imprisonment and/or an unlimited fine on conviction on indictment, or 6 month's imprisonment and/or an unlimited fine on summary conviction.
Gerken, of Wood Farm, Oxford, became angry when adorable 17-week-old Labrador puppy Shadow, who he was entrusted with looking after, soiled the floor of the Saunders Road property.
He flew into a rage and repeatedly beat Shadow with a slipper, causing her horrific injuries and an undoubtedly agonising death.
A post-mortem examination revealed that Shadow died from multiple fractured ribs, a fractured jaw and a ruptured liver.
In a further act of cruelty Gerken left voice messages for Shadow's owner, describing how he had beaten the defenceless puppy to death.
"I have just beat it from one side of the room to the other", Gerken told her.
"I don’t give a fuck. That is how it will be with me. She ain’t gonna do that again because she cannot fucking walk."
Gerken failed to get veterinary assistance when Shadow started struggling to breathe.
Police were called to the address on the early evening of 3rd April, but Gerken wasn't arrested and charged until the following day.
Gerken initially denied the charges against him, but changed his plea on the day of his trial at Oxford Magistrates' Court.
He was sentenced to 23 weeks in prison and ordered him to pay £250 compensation and £1,000 in court costs. He was also banned from keeping animals for 10 years.
Magistrates told him: "The dog died as a result of what was done to her. You were determined to cause harm and you made threats that you would cause further harm to the dog.
"You were in a position of responsibility. You used a slipper as a weapon. You did not call or take the dog to the vet or seek advice even though you were aware she was unwell."
Shadow's owner, who does not want to be named, is understandably devastated at her loss.
She told the Oxford Mail how the puppy, who she had bred at home, was cherished by her two young children.
"I was there when she was born and I watched her grow up and learn to walk and run. She didn't know anything else but love.
"They had only had her five weeks and they all absolutely adored her and he comes along and beats her to death."
The owner has described Gerken's sentence as being far too lenient, which no-one could disagree with.
It will be of no consolation to Shadow's owner, but the bench in this case has sentenced Gerken within the legislation and guidelines available.
He has been given the maximum 26 weeks imprisonment available to the court, but has received a 10 percent (3 week) discount for changing his plea to guilty at the last moment.
The real issue here is the inadequacy of maximum sentence available for animal cruelty cases.
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