The 7-year-old Catahuala dog was shot with a slug gun by Glenn Forsyth, after it came onto his property and starting eat bread that had been put out for the birds.
At sentencing in the Tauranga District Court this week, the court heard the dog had previously been on his property, rifling around in his rubbish bins.
After the shooting, its owner rushed the dog to a vet in Katikati, where it was given adrenaline and CPR.
However, it was unable to be saved, as the slug, which was lodged in its stomach, had caused “massive bleeding”.
Forsyth said he never meant to kill or hurt the dog. He had aimed at its feet and only wanted to scare it away.
Judge Bill Lawson said he accepted Forsyth was remorseful.
“It’s clear that you understand the impact of your behaviour,” he said.
There were letters of support indicating Forsyth was “regarded highly” in his community.
Forsyth had been willing to attend restorative justice, and while that could not happen for “various reasons”, his willingness was something the judge took into account.
However, Judge Lawson also told Forsyth, “This sort of ill-treatment of a dog with a firearm can often and sometimes does draw a sentence of imprisonment”.
The dog was shot in the abdomen, and despite being rushed to the vet by its owner, it later died. Supplied image.
Forsyth faced charges of unlawful possession of a firearm and the cruelty/ill-treatment of animals.
“The risk of this type of behaviour is not just the risk to the community, discharging a firearm, but it’s a risk to yourself... of being incarcerated,” Judge Lawson said.
However, taking on board Forsyth’s acceptance of responsibility and clear remorse, the judge stopped short of a prison sentence.
Judge Lawson sentenced him to four months’ community detention, with a curfew of 7pm to 7am.
Forsyth was ordered to pay reparation of $752.50 for vet bills, and an order was made for the destruction of the firearm.
HannahBartlettis a Tauranga-based Open Justice reporter at NZME. She previously covered court and local government for the Nelson Mail and before that was a radio reporter at Newstalk ZB.