A Nottinghamshire woman has been sentenced for leaving a dog to drown in the River Trent.
Charlene Latham, 32, of Bentinck Close, Ollerton, admitted a charge of causing unnecessary suffering to an animal when she appeared at Nottingham Magistrates' Court on Monday, 23rd November 2020.
She was back at the same court for sentencing on Monday, 8th March 2021.
Causing unnecessary suffering to an animal is an offence under section 4 of the Animal Welfare Act 2006. It has a maximum penalty of 26 weeks' custody and/or an unlimited fine on summary conviction.
Reading between the lines, it would appear that Latham was convicted of an offence under section 4(2) of the Act - namely that she was responsible for a German Shepherd named Bella, at a time when another person caused unnecessary suffering to the animal, and that she failed to take reasonable steps to prevent that unnecessary suffering taking place.
The charges relate to a incident on Wednesday, 6th January 2020, when a passing dog walker noticed Bella's head poking above the water of the River Trent at Farndon.
On closer investigation she found the dog's lifeless body had been weighed down in the freezing water by a large boulder attached to her lead. By some miracle Bella was still alive and her rescuer, a genuine dog lover, got her the urgent veterinary attention she needed.
Harry Bowyer, prosecuting on behalf of the RSPCA, told Magistrates that when police visited Latham's home the following morning she claimed that Bella had somehow vanished from the back yard.
However, she eventually admitted the offence on the basis that it was her now ex-partner, Leigh Johnson, who had attached the weight to Bella's lead and threw her into the River Trent.
It should be stressed that Johnson denied the offence and, despite him being clearly implicated in Latham's statement, the RSPCA has decided to withdraw the charges against him.
Mr Bowyer said "The prosecution would say, even on the basis of plea, this is someone who actually left the dog in the river and did not seek any attempt to get it help and then lied when police came round the next morning."
Luc Chignell, mitigating, said: "She was in a relationship and she failed to act and that is at the heart of her criminality. She was five months pregnant at the time. She could not have tied a heavy rock to a dog and thrown a dog in the river."
Mr Chignell said that Latham and Johnson drove to the river, but she had no idea of his intentions and begged him not to drown Bella.
"I am concerned to hear the RSPCA is not proceeding against the person she named in her statement," he said
"The RSPCA, it appears now have decided that they are not going to try him as they are not obtaining the evidence to try him.
"The case was adjourned so he could have his trial."
Mr Chignell described Johnson as "aggressive and controlling", whereas his client was not.
"These are very different people with very different roles.
"As a result only one person is going to take the fall for this.
"The reality is the person convicted of this heinous offence is not here and that's not her fault."
Magistrates were of the opinion that the offence was serious enough to merit a community order.
Latham was made subject to a 12-month community order, with the requirement that she completes up to 10 day's rehabilitation activity. For the punitive element she was fined £80.
According to reports she was ordered to pay £200 towards prosecution costs and £32 victim surcharge (which seems unusual, given that the surcharge on a community order was £90 at the time).
Animal abuse cases like this make me sick to the pit of my stomach. It is abhorrent that anyone could inflict such cruelty on a sentient being who should be a much-loved member of the family.
Whilst it is not appropriate for me to comment on the sentence imposed in this case, it would be entirely fair to say that I consider the maximum penalty for animal welfare offences woefully inadequate.
I am surprised and disappointed to learn that the RSPCA does not wish to pursue matters further with Johnson.
Update (3/4/21): A happy ending, as 11-year-old Bella has been rehomed with a loving family. Hope she sees out her twilight years with much happiness and contentment.
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