A man whose mastiff dog and lurcher were both found in a skinny condition at a Harrogate flat by the RSPCA has been banned from keeping animals for five years.
Charlie Nelson, 28, of Woodfield View, Harrogate, was also sentenced to a 12-month community order under which he must complete 20 rehabilitation activity days when he appeared for sentencing at York Magistrates’ Court on September 12.
A charge of failing to ensure the needs of the two dogs were met under the Animal Welfare Act 2006 was proven in absence against Nelson and his brother, Robbie Nelson, 24, also of Woodfield View, Harrogate, at a court hearing in December last year (2021).
Magistrates handed out a similar punishment to Robbie Nelson at a sentencing hearing on July 26.
RSPCA inspector Tom Hutton found the dogs underweight and living in accommodation littered with household waste, scrap bikes and dog faeces when he was called out by police to the flat at High Street on March 18, 2021.
The mastiff, called Rocco, and the lurcher, Smudge, were so thin their ribs were protruding
Both dogs were seized by the police when Robbie Nelson refused to sign them over to the RSPCA.
A vet, who examined the dogs, concluded both animals were malnourished. He gave Rocco a one out of nine score on a body condition test, which is classed as a state of emaciation, while Smudge scored two out of nine.
Charlie Nelson was not at the flat at the time of the RSPCA visit and he did not contest the finding of guilt at a court hearing on February 14 this year. He failed to appear for a sentencing hearing on April 14 and a warrant without bail was issued.
In mitigation, Nelson implied his brother, Robbie, was mainly responsible for the dogs although he accepted as a joint owner he should have ensured the needs of the animals were met while he was away from the flat.
The magistrates told Nelson: “We have taken account of the sentence imposed on the co-defendant who was also your brother. We do not accept that any distinction should be drawn in your respective roles and therefore we will sentence you in identical terms.”
Charlie Nelson also has to pay combined costs and a victim surcharge of £295.
Under the care of the RSPCA, Rocco and Smudge have returned to a healthy weight and condition after their ordeal. The animal charity will now look to find them loving new owners.
After the hearing, inspector Hutton said: “We thank North Yorkshire Police for alerting us to the dreadful situation Rocco and Smudge were in. It meant we were able to rescue them and now we will be able to find them new homes where they are loved and cared for.”
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