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Puppy Farmers Beat Appeal


Steve
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RSPCA and animal protection officers seized 246 dogs in the first prosecution of a commercial puppy breeding business in Queensland, a court heard yesterday.

Authorities were in the District Court appealing the sentences handed to Ruth and Kenneth Schloss in the Magistrates Court last May.

Ruth Schloss, 55, pleaded guilty to one charge of cruelty to animals, one charge of breaching her duty of care to animals and one charge of failing to comply with an animal welfare direction without reasonable excuse.

Kenneth Schloss,63, pleaded guilty to one charge of cruelty to animals and one charge of breaching his duty of care to animals.

The appeal was on the grounds of appeal the magistrate erred in fact in finding that not all of the dogs, seized were subject of the charges and the sentences were manifestly inadequate.

It was alleged the magistrate placed too much weight on the circumstances of the couple, and too little weight on general deterrence and the injury caused to the animals.

After examining the couple's finances and the magistrate's reasons, Judge Bradley dismissed the appeal to increase the penalties.

She said, however, it was a case of neglect rather than deliberate cruelty, and the breeding and sale of the puppies was engaged in more out of need than greed.

Thanks Steve. :)

Another couple of peanuts from Kingaroy.

They had one running the State not long ago.

This is a good result and the Judges last reported comment would seem to contradict the finding and the action taken until we consider it in the context of "Beak of the Week."

Judges often make erudite quips at the end of hearings that are designed to shock and stagger.

Neglect is cruelty and the finacnces of the couple obviously do not support a defence economic neglect or ommission.

Definately Guilty as charged.

Px

You will find Neglect is not covered in the Welfare Acts, sadly if there was a charge of neglect a lot of people would be very happy! Its the laws that sadly the judges are forced to rule under.

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