Dog fighting appeal thrown out of court
A TOOWOOMBA region man sentenced for providing a dog for fighting has failed in an appeal against his conviction.
Glenn John Wilson was sentenced to six months’ imprisonment and ordered to pay more than $55,000 after his conviction in December 2019 for four offences, which included breaching his duty of care to an animal and supplying an animal for use in a prohibited event.
Wilson was also prohibited from possessing any fighting breed of dog.
Wilson filed the appeal against RSPCA inspectors Melissa Barraud and Daniel Young on the grounds that the sentence was “manifestly excessive” and that the verdict reached for each charge was “unreasonable” and not supported by the evidence.
On August 3, 2018, the RSPCA inspectors executed a warrant at Yalangur near Oakey and seized five dogs, collars, chains, photographs, mobile phones and associated items.
One of the dogs was tethered to a raised donga without access to food, water or bedding.
Another was located on the back of a ute with a lame foot, while two others were found chained in an enclosure with a “small amount of scattered straw”.
Three of these dogs were later diagnosed with bacterial conjunctivitis and two had scarring the magistrate found to be consistent with dog fighting.
Another dog was found in a cage with “significant scarring” also consistent with dog fighting.
As part of his appeal, Wilson submitted that inspectors had not proved that each dog was confined on a chain for “an unreasonable period of time” and that they were not provided the opportunity to display normal patterns of behaviour.
Judge Ken Barlow said focusing on the time the dogs were chained was a “distraction”.
“The issue was (and is) whether, by chaining the dogs in that manner and location, the applicant did not take reasonable steps to provide, relevantly, their needs for accommodation and living conditions in an appropriate way,” Judge Barlow said.
“I am satisfied that the evidence demonstrates, beyond reasonable doubt, that it was at all times and for all periods inappropriate to chain the dogs in that manner and location.”
Wilson also unsuccessfully argued that the inspectors failed to prove the circumstantial case that he provided one of the dogs for fighting.
He was charged with supplying one of the dogs, Pretty Girl, for use in fights between August 2017-2018, which resulted in injuries and subsequent scarring to the head, muzzle, neck, legs and shoulders.
The evidence inspectors provided to support the charge included photos of the dog pre-scarring and post-scarring, and social media posts that included language which experts said was used by experienced dog fighters.
Inspectors also located a “break stick” used to separate fighting dogs and a lead with a treadmill attached, which experts said was commonly used to train fighting dogs.
Wilson said there were other hypotheses to support his innocence, including the suggestion he might have supplied the dog to someone else who used her in a dogfight.
Judge Barlow rejected these suggestions.
“I agree with the magistrate that the evidence raises a strong inference that the appellant supplied Pretty Girl for dog fighting,” he said.
Judge Barlow also agreed there was evidence to support a charge that Wilson failed to provide for the treatment of another dog.
He also dismissed the argument that Wilson’s jail sentence was excessive or that there was an error made in ordering him to pay $50,000 to the RSPCA for care of the animals. The appeal was dismissed following hearings in May and June.