Northland Store owner Wenyi Cai fined $32,000 after pleading guilty to aggravated animal cruelty

A Kew mum who owns a lucrative Northland shop claimed she let her family dog ‘Bobby’ suffer and rot because she was too poor.

A Kew mother who let her pet german shepherd suffer pain with untreated illness and injury which led to the poor dog being put down has narrowly avoided a jail term.

Wenyi Cai, 50, was convicted and fined $32,000 in the Melbourne Magistrates’ Court on Monday after pleading guilty to aggravated animal cruelty and unreasonable failure to provide treatment to a sick animal.

RSPCA officers attended Cai’s Kew home where they found four-year-old German Shepherd ‘Bobby’ in a dire physical and mental state on October 14, 2020.

The court heard Bobby was reported to the RSPCA after he was seen “limping with multiple wounds”.

RSPCA officers found Bobby emaciated with his hips, ribs and spine “easily visible”, panting, covered with fleas and in a “flat demeanour”.

Cai told RSPCA officers Bobby had been like that for approximately “two months” but she hadn’t taken him to the vet because of her “financial situation”.

Bobby was surrendered and rushed to the RSPCA for urgent medical care where vets found the mistreated pet suffered multiple complications including open wounds and lesions which were bleeding and infected.

RSPCA vets immediately administered strong pain relief before Bobby was humanely euthanised to “relieve his suffering”, the court was told.

The court heard Cai, who purchased Bobby as a puppy from a breeder in 2016, should’ve known her pet required urgent medical care.

Tass Antos, for Cai, said his client suffered a “major depressive order” at the time of the offending which “diminished her motivation”.

Mr Antos said Cai’s “lucrative and profitable” confectionary store which turned over $800,000 per year loss 75 per cent in revenue after the pandemic commenced.

Cai also received financial support from overseas family and government pandemic support, the court heard.

Cai also feared the vet bill would be an “exorbitant fee” so she attempted to “cure” Bobby with a “home remedy”.

Mr Antos further submitted Cai, a permanent resident who migrated from China, was “somewhat embarrassed” to take Bobby to the vet.

“That she may well be harshly judged … and her competence as dog owner would be somewhat of a live contentious issue …,” Mr Antos said.

The defence also attempted to have Cai’s hearing suppressed on the grounds of mental health issues and speculative public anger.

“There well may be … somewhat of a backlash against (Cai) by perhaps persons who have interests in animal rights and welfare given what’s occurred …,” Mr Antos said.

However, Magistrate Tim Bourke dismissed the hail Mary suppression bid.

“I see nothing before me that justifies a suppression order in any level …,” Magistrate Bourke said.

“The major concern is the fact that you blame finances for being one of the reasons … as to why you didn’t attend to Bobby at an earlier stage which would have seen him survive.

“The animals entrusted into the care of anyone in society is a significant trust to care for them, look after them and no doubt love them.

“To see a situation that Bobby found himself in through your lack of care is deeply distressing.

“No matter what factors may have been weighing on you at this time you had the primary obligation to care for a much-loved pet … it was all too late when you sought that care …

“I don’t accept that finances played any part in respect to the care of Bobby.”

Magistrate Bourke said Cai only avoided prison because of her mental health issues and lack of priors.

Magistrate Bourke also indicated he would have slotted Cai for two months had she pleaded not guilty.

Cai was also ordered to pay RSPCA costs and disqualified from being in charge of a dog for five years.

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