A woman has been spared a conviction for leaving a dog, given to her as a gift, emaciated for months before it was found dead, wrapped in a white sheet in a backyard.
The woman, 37, fronted the ACT Magistrates Court on Wednesday after pleading guilty to aggravated cruelty to an animal causing its death.
The defendant - who the court heard had a historical diagnosis and a complex history of trauma, depression, and anxiety - was living in Gordon in October 2020 when her nephew gave her a German Shepherd as a gift.
A statement of facts reads that during the course of the offending until June 2021, the woman kept the dog, named Lucy, indoors for long periods and fed her minimal amounts of food.
Lucy became malnourished to the point where her ribcage, spine, and other skeletal features were visible.
The dog experienced medical conditions but was not taken to a veterinarian or treated.
Other people, including the woman's sister, visited the "seriously untidy and unhygienic" premises with a "rodent problem" and noticed Lucy's "emaciated condition".
At one point when her nephew visited, he tried to let Lucy out, but the woman yelled at him.
During another visit when the woman was not home, the nephew and his girlfriend intended to take Lucy away but could not find her.
"However, they did notice a strong, bad smell coming from the laundry," the facts state.
The nephew looked inside the laundry area and saw something wrapped in a white sheet on the floor.
The odour coming from the laundry "was so sicking and over-powering" that it prompted the visitors not to inspect the wrapped item before they left.
It was after the nephew called Domestic Animal Services to report his concerns that led to rangers and RSPCA inspectors attending the woman's premises.
Lucy was found wrapped in a white sheet between a tree and a fence in the backyard.
An examination concluded she suffered from malnutrition and illness caused as a result of starvation.
During her interview with an RSPCA inspector, the woman confirmed she did not feed Lucy adequately and implied that the dog may have eaten some rat bait, contributing to her death.
In court, defence lawyer Andrew Fraser asked for a non-conviction and good behaviour order, saying his client was "at the lowest of low points" in her life at the time.
He cited a mental health report that noted the woman reporting about her poor self-care, that she used the phrase "persistent hopelessness", and feeling like she was a burden on her family.
"Clearly not in a good position to be looking after herself let alone the unfortunate dog," Mr Fraser said.
That report also suggested a further psychiatric assessment and psychological intervention, the court heard.
Mr Fraser said another report found the woman accepting full responsibility for her actions.
Prosecutor Chamil Wanigaratne said he did not argue against a good behaviour order, but "we would have to resist a non-conviction".
"There is a share of pity and there's also some understanding, but the pity also extends to the animal," he said.
Mr Wanigaratne said the nature of the offence meant a strong-enough message about the consequences of such offending needed to be sent.
The prosecutor said while the woman's actions related to the dog's death were not wilful, when "she was initially questioned by the RSPCA, she tried to present a different story about how the animal might have died".
Special magistrate Margaret Hunter said when she first read the court material, she was in the "camp of despise" because of her love of animals.
She said her subsequent impression was the woman not being able to care for herself, let alone a dog.
"This was not just somebody who was slack, vicious, or cruel," Ms Hunter said.
"Her place was in an absolute state because she couldn't even look after anything."
Ms Hunter said given the COVID restrictions at the time, the woman could not receive treatment and her family, who was worried about the dog, could not visit.
"If it had been any other circumstances and been wilful, you'd be looking at a jail term without any doubt," she said.
A conviction was not recorded against the defendant, who was sentenced to a 12-month good behaviour order.
Further, she must not purchase, acquire, keep, care for, or control any animals for two years from Wednesday.
