The police and Toronto Animal Services arrived at an apartment building to investigate calls from building regarding sounds of an animal in distress. Surveillance video footage of the building lobby and elevator caught the accused violently throwing his girlfriend’s dog up six flights of stairs.
Fendi is a small white Yorkshire terrier who was diagnosed with a bilateral scleral hemorrhage caused by trauma, which subsequently healed. She was initially seized by Toronto Animal Services, but later returned to Mr. Rowe’s girlfriend.
The accused pled guilty to wilfully and without lawful excuse injuring a dog contrary to section 445(1)(a) of the Criminal Code and failing to comply with house arrest. He stated that he had thrown Fendi after having been confined with her all day due to house arrest on outstanding assault charges, she had been agitated and barking because she was unaltered and in heat, and she had attempted to run across the street after he had taken her outside to relieve herself.
In the decision, the judge noted that although the accused had no prior history of violence against animals there was extensive history of violence against people that began at age 13 with a Youth Court assault finding of guilt, which must be factored into sentencing. It was also noted that “animals, particularly very small animals such as Fendi, are extremely vulnerable creatures given in part their size, inability to articulate verbally, and the fact that they are totally subject to the control of their owners. There is no question that they experience both fear and pain” (para. 33) and that the accused had “tossed Fendi up the stairs as if she was an inanimate object […] She suffered damage as a result of the trauma inflicted, regardless of whether it ultimately healed and was not visible to the naked eye” (para. 34).
Mitigating circumstance were that the accused had entered a plea of guilty, and his mother and probation officer testified that he loved animals, had no past violence towards animals, and had taken care of Fendi in the past. Aggravating factors were that the accused had been released only 12 days previously on assault charge. He also had a lengthy record including 13 findings of guilt in total, with 3 of those being for aggravated assault. The judge found it troubling that there was no explanation for his violent history.
The accused was sentenced to time served for pre-trial incarceration (40 days) which was the equivalent of 60 days, followed by a 3 year probation with a no contact order prohibiting him from owning and possessing animals or being in the presence of Fendi, and a 4 year s 447.1 order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal or a bird.