A Barnsley woman has been sentenced for housing her three dogs in filthy conditions.
Kimberley Grant, 33, of Kingsland Court, Royston, Barnsley, was convicted of three offences of failing to ensure the welfare of a protected animal at Barnsley Magistrates' Court on Tuesday, 3rd September 2024.
Grant failed to attend, so the offences were proved in her absence and a warrant was issued for her arrest.
She was sentenced at the same court on Monday, 14th October 2024.
Failing to ensure the welfare of a protected animal is an offence under section 9(1) of the Animal Welfare Act 2006. It has a maximum sentence of 26 weeks' custody on summary conviction.
A couple of points worthy of note before I continue. As Grant failed to attend the 3rd September hearing she was convicted entirely on the basis of the RSPCA's evidence. As is regularly the case with these sorts of offences, the reporting has originated with the RSPCA and adopts the RSPCA's point of view.
There are quite clearly significant mental health issues at play here, which have barely been touched on in the reporting.
RSPCA inspector Vanessa Reid attended Grant's flat on 20th December 2023, following reports concerning the welfare of the dogs inside.
Inspector Reid was granted access to the property, which she found in a very bad state. Three dogs were housed there -a four-year-old female called Mieshka and her two nine-month-old puppies called Toffee and Price.
Inspector Reid's description of conditions at the property is distressing, but to summarise there was "an overpowering smell of faeces and urine" and the carpet covered with "trodden in faeces".
Grant said she could improve conditions within a fortnight, so Inspector Reid returned then and found the situation unchanged.
Two days later Inspector Reid made a further visit to the property, but Grant was not at home. The dogs could be heard barking inside. Peering through the letterbox she was hit by the same foul stench and could see the same putrid conditions within the property.
Inspector Reid attached a further improvement notice the door and was about the leave the property when Grant passed by, ripped down the notice and locked herself inside.
Inspector Reid shouted through the letterbox that the charity would seek a warrant if Grant failed to heed the instructions on the improvement notice.
On 1st February 2024, having by then obtained a warrant under section 23 of the Act, Inspector Reid again attended the Royston property, this time with the police. Once inside the property, Inspector Reid gathered evidence of the condition there. The police took possession of the dogs in accordance with section 18(6) of the Act.
The dogs were examined by a veterinary surgeon who confirmed, in their professional opinion, that Grant had failed to take necessary steps to ensure their welfare. On examination Mieshka had extreme pruritus and areas of alopecia, as a result of her severe flea infestation.
It is not mentioned in the report, but presumably Grant was lifted on warrant sometime shortly after her failure to appear on 3rd September. She has then been rebailed pending her sentencing on 14th October.
Details of her mitigation are a bit sparse, but the court heard that Grant had poor mental health. The 33-year-old was just about coping with Mieshka, but for some inexplicable reason allowed her to breed. Grant had found new homes for three of Mieshka's puppies, but had been unable to rehome Toffee and Price.
The court heard that Grant had not deliberately set out to harm the dogs, but circumstances meant she couldn't meet their needs.
Magistrates were of the opinion that Grant's offences were so serious that only a custodial sentence was appropriate. However, given her mental health difficulties, they decided to suspend the custodial term.
Grant was sentenced to 9 weeks' custody suspended for 18 months.
She was also ordered to pay £154 surcharge and £400 towards prosecution costs.
Magistrates also disqualified her from keeping animals for a period of 5 years.
The three dogs have been rehomed and are now said to be happy and healthy.
No comments:
Post a Comment