A New Brunswick man who left his dog to starve to death in a rented home he abandoned in the Woodstock area has been temporarily released from custody under conditions.
Kyle Springer, 27, who was sentenced to one year in jail in April after previously pleading guilty to the criminal charge of cruelty to animals, was back in Woodstock's Court of Queen's Bench on Thursday to appeal his sentence.
Defence lawyer Peter Hyslop argued one year was too long for a first-time offence and went beyond established case law.
It was double the length of sentence recommended by the Crown.
Springer left his two-year-old shepherd mix named Diesel locked in the house when he moved out West in 2015. Two months later, the dog's emaciated body was discovered by the landlord who went to collect overdue rent.
Diesel's ribs were protruding and his eyes were sunken. His stomach was empty, with the exception of a couple of fragments of plastic, the courtroom heard.
The dog had torn open bags of sugar, pillows and garbage bags in search of food. Scratch marks covered the walls, and the floors were covered in urine and feces.
It was a case of neglect, not deliberate abuse, Hyslop argued Thursday. Springer "anticipated" someone would come along to rescue the dog, he said, acknowledging this was a mistake in his client's judgment.
Justice Richard Petrie remarked that the dog would have had a better chance of surviving if left outdoors.
During sentencing, provincial court Judge Julian Dickson had described the case as "troubling and disturbing."
Diesel faced "horrendous suffering," Dickson had said.
He called the Crown's recommended sentence of five or six months "grossly inadequate" for Springer, who was only arrested in 2018 when he returned to Carleton County for the holidays and police received an anonymous tip.
In addition to the jail term, Dickson sentenced Springer on April 18 to one year of supervised probation and banned him from owning or living with any animals for three years following his release.
But during Thursday's appeal hearing, it was discovered there may have been an error in law made prior to sentencing.
The court may not have established some conditions for accepting a guilty plea, including whether the accused understood the consequences of the plea. That might open the door for his sentence to be changed, the court heard.
Decision expected next week
The Crown and defence will argue the issue next Wednesday at 1 p.m., when Springer is scheduled to be back in court.
The judge expects to make a decision at that time.
In the interim, Springer has been released on conditions that he keep the peace and be of good behaviour, remain in the province, notify officials of any change of address, not have control of any animals, and attend his court hearing.
Cruelty to animals carries a maximum sentence of 18 months in jail and/or a fine of $10,000.