An application to set aside a woman’s #animalcruelty conviction - TopicsExpress



          

An application to set aside a woman’s #animalcruelty conviction failed in Mandurah Magistrates Court this week. Gemma Louise Tovey was convicted in her absence on September 23 on three counts of cruelty to an animal by abandonment and one count of failing to provide sufficient food to an animal. The court heard RSPCA inspectors went to Ms Tovey’s former address in Waroona on September 12, 2012 and found two emaciated and abandoned dogs locked inside. Another dog, a female greyhound, was found dead in a pool of urine. A later inspection of the home revealed faecal matter littering the floor and walls and scratches on a toilet door indicating a dog had been locked in for some time. Inspectors seized the remaining dogs – a Siberian husky and a rotti/staffy X – and are seeking to ban Ms Tovey from owning animals. Appearing before the court on Tuesday, a lawyer for Ms Tovey asked for the conviction to be set aside on the grounds his client had been unrepresented in the early stages of the matter and had mixed up her court dates. Ms Tovey was said to have only learnt of her conviction on October 23, despite earlier media reports on the matter. But Magistrate Leanne Atkins said it was not in the interests of justice for the conviction to be set aside and listed the matter for sentencing on January 6, 2015. Magistrate Atkins said the case was disturbing and the prosecution confirmed it would push for a prison term. The maximum penalty for these charges is a $50,000 fine and five years’ imprisonment. A written pre-sentence report has been ordered prior to Ms Tovey’s next appearance. The story Waroona womans animal cruelty conviction to stand first appeared on Mandurah Mail. margaretrivermail.au/story/2721085/waroona-womans-animal-cruelty-conviction-to-stand/
Posted on: Wed, 26 Nov 2014 08:00:29 +0000

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