MAN CONVICTED IN WA MAGISTRATES COURT FOR MALICIOUSLY BEATING HIS DOG

MAN CONVICTED IN WA MAGISTRATES COURT FOR MALICIOUSLY BEATING HIS DOG

CASE SUMMARY

Kourosh Bahmani, 49, of Carey Park was convicted today in the Fremantle Magistrates Court of two counts of animal cruelty against a male Staffordshire Bull-Terrier cross.

The dog named Buddy was maliciously beaten by Mr Bahmani and suffered significant pain when Mr Bahmani failed to arrange treatment for a fracture sustained by Buddy to his left leg.

CHARGES

  1. Maliciously beat an animal: section 19(2)(a) of the Animal Welfare Act 2002 (WA) (Act), and

  2. Allowed an animal to suffer harm which could have been alleviated by the taking of reasonable steps: section 19(3)(h) of the Act.

KEY FACTS

On Tuesday, 21 July 2015, RSPCA WA received a complaint involving a male Staffordshire Bull-Terrier cross.

Earlier that day, two police officers conducting pro-active patrols in an unmarked vehicle around Lake Monger observed Mr Bahmani on his knees across the rear seat of his parked vehicle, repeatedly punching Buddy with force. The blows were directed to Buddy’s left hind leg. Buddy was cowering against the back of the vehicle trying to get away from Mr Bahmani.

As the police removed Mr Bahmani from the vehicle and restrained him, Buddy exited the vehicle. The police observed Buddy was very nervous and frightened and walking with a limp and crying.

In dealing with Mr Bahmani, the Police officers deemed him an unsuitable owner for Buddy. They were of the strong view that Buddy should not be returned to Bahmani and he was seized by the police.

Upon further investigation by an RSPCA WA inspector, it was revealed that Buddy was struck by a motor vehicle on 8 March 2015 in Bunbury and sustained a fracture to his left leg. It was found that the accused took Buddy to a vet but abandoned the dog for five days before collecting him. Pain relief and antibiotics were given to Buddy while he was in care at the vet.

Despite the fact that the vet recommended that Buddy undergo surgery to repair his fractured leg and offered a payment plan option for Mr Bahmani, Mr Bahmani ignored the vet’s recommendation and failed to obtain any treatment for Buddy’s fractured leg.

Given the serious nature of the injury sustained by Buddy, veterinary advice concluded that he would have suffered excruciating pain initially, and subsequent pain and discomfort for at least four to six weeks.

SENTENCING

Chief Inspector Amanda Swift prosecuted Mr Bahmani for offences under the Animal Welfare Act. The Magistrate had no hesitation in making the following orders in relation to both charges.

  • Fine: $5,000
  • Vet costs: $2,096.75
  • Forfeiture of Buddy to RSPCA WA
  • Prohibited from owning an animal for two years
  • Legal costs: $1,500
     

RSPCA WA CHIEF INSPECTOR, AMANDA SWIFT

“It is shocking and appalling to see these kinds of intentional and callous cruelty imposed on animals, and we are pleased with the decision of the Magistrates Court today.

“Today’s court decision reaffirms that any act of cruelty against animals is an offence punishable by law and that there is simply no excuse whatsoever for such malicious behaviour. “

The maximum penalties for individuals under the Animal Welfare Act 2002 is up to five years imprisonment and up to $50,000 fine.

RSPCA WA would like to thank EMS Legal for their pro-bono support for this prosecution.
 

Media contact: Anne Gabriel, Communications Manager RSPCA WA, 9209 9313, 0437 069 853 or agabriel@rspcawa.asn.au

Comments

  • Sue Stuttard:

    22 Jul 2016 13:07:04

    Thank goodness that the police caught this man in the act. This person/thing should never ever be allowed to own an animal. I do hope poor Buddy is ok now. I also hope he finds a kind and loving home. Such a very sad story made me cry! This person/thing should have had served some jail time. I don’t think prisoners take too kindly to animal and child abusers!!!

  • Sue Stuttard:

    22 Jul 2016 13:07:05

    Thank goodness that the police caught this man in the act. This person/thing should never ever be allowed to own an animal. I do hope poor Buddy is ok now. I also hope he finds a kind and loving home. Such a very sad story made me cry! This person/thing should have had served some jail time. I don’t think prisoners take too kindly to animal and child abusers!!!

  • Sharman Ellis:

    22 Jul 2016 16:24:22

    I am hoping you can appeal the light sentence Buddy’s owner got. In my view the sentence should have been much stronger and should have included a lifelong ban of ever owning another animal.
    I also question how any vet could have released Buddy back to the owner with a fractured leg. You can’t but wonder how the fracture really happened given the brutality of the owner.

    Regards, Sharman Ellis.

  • Linda Mortimore:

    24 Jul 2016 19:24:12

    This barbarian should ALSO have gone to prison and most of all, should NEVER own an animal again. The courts are pathetic when it comes to Animal cruelty. I hope the RSPCA watches this man when he is allowed another dog.

  • Ashlea Ritchie:

    24 Jul 2016 20:28:33

    Only a 2 year ban from owning an animal? He should never be allowed to own an animal again.

  • Rebecca:

    03 Aug 2016 13:22:19

    Perpetrators and anyone living withem should be banned for life from having a pet. This may even help stop domestic violence. This man is a violent coward and if he can hurt an already injured dog imagine how he is with another defenceless person like a child. I think he musn’t own a pet especially a dog. I hope poor Buddy is ok and happy now. Thank God for those policemen. I think too that a law should be passed that no one can adopt or buy a pet unless they prove a good behaviour through a background check. I also suggest a ban on dog breeding until all pets in shelters are rehomed and no sale of dogs in pet shops. I hear people at work talking about selling their litters of pups and i realise people are so greedy fir the money no one is considering the poor dogs in shelters. If China could have a one child only policy am sure RSPCA can come up with a rule to curb and contain the excess unnecessary breeding of dogs. There are too many illegal activities pertaining to dogs and unless someone does something there are going to be more digs requiring rescue and help.
    Thanks

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