Animal ban for man who let his dog become emaciated

Aman from Newcastle has been banned from keeping all animals for five years following a prosecution brought by the RSPCA.

Mark Gallagher (DOB 29/01/1990) of Gladstone Street, Lemington, was sentenced on Friday (20 January 2023) at Newcastle Crown Court for causing unnecessary suffering and failing to meet Tyson’s needs, contrary to the Animal Welfare Act 2006.

The RSPCA was alerted to the plight of Tyson - an adult crossbreed dog - who was seen looking out of an upstairs window. As no one seemed to be in, an inspector placed some sticky tape on the door. The following day, Inspector Terri-Ann Fannon visited the address and found the tapes were still intactsuggesting nobody had entered the door since. Again Tyson could be seen in the upstairs window and he appeared to be in extremely poor condition and seemingly unable to make his way downstairs to the front door.

RSPCA inspector Fannon requested police assistance who forced entry. The court heard that there was an overwhelming smell of faeces and ammonia in the house and Tyson was found locked in an upstairs room that was covered in faeces and urine. He had a small amount of food but no water.

Police seized Tyson and he was taken to a vet for examination where he was found to weigh 20.6kg (45.4lb) and had a body condition score of 1/9 meaning he was emaciated. There was no medical reason found for his loss of weight, other than lack of food. Tyson drank 1.2 litres of water in about three minutes and ate food given to him in seconds.

In her witness statement, inspector Fannon said: “Tyson was extremely underweight with every bone visible, his head was cone shaped and sunken in, his hips and spine were all protrudinghe had no muscle tone or fat at all. Once at the vets he drank insatiably and constantly wanted more”.

When interviewed Gallagher admitted Tyson had gone from bulky to looking “like a whippet”. He admitted he had not sought veterinary treatment and said he couldn’t afford a vet. He admitted that he had never let Tyson out - which was clear by the state of his claws which were overgrown from lack of wear from exercise.

When asked about the room Tyson was confined in he admitted that he had last cleared up about six weeks earlier.

In addition to the two year disqualification from keeping all animals which he can not apply to terminate for two years, Gallagher was sentenced to eight months’ imprisonment, suspended for 12 months and ordered to undertake 20 Rehabilitation Activity Requirement days with the probation service. His Honour Judge Robert Adams also ordered him to pay £500 costs together with a victim surcharge of £156.

Any breaches of the sentence will be reserved to Judge Adams for enforcement and he made it clear he would send Gallagher to prison if he did breach his sentence.

Magistrates at Newcastle Upon Tyne Magistrates’ Court had previously (8 July 2022) indicated that their powers to sentence in this case may not be sufficient. This is one of the first of the RSPCA’s prosecution cases where magistrates have committed a case up to a crown court for further consideration, following the coming into force of the Animal Welfare (Sentencing) Act 2021 last year; demonstrating the seriousness of the offence.