Clark Wilden Darling, 26, appeared in the Dunedin District Court yesterday and was sentenced for jail-breaking his dogs — Taz and Gem — who he said were later put down and "dumped"on his property.
But Clutha District Council building and regulatory services manager Malcolm Sinclair said that was not the case and Darling picked up the dogs after they were euthanised.
Mr Sinclair said the pets were seized after the owner was issued with "repeated infringement notices, resulting in the dogs being classified as menacing dogs" and a notice of disqualification from dog ownership was served.
The owner failed to comply with the disqualification and the dogs were seized, Mr Sinclair said.
The court heard that on June 22 last year, Darling broke into the Clutha District Council pound in an attempt to retrieve his pets who were taken there 12 days earlier.
He broke the handle off a locked door before sliding the garage door up to get in, let his two dogs out of their kennels and left.
A few days later police searched Darling’s home and found 19 small cannabis plants and a 12-gauge shotgun.
The defendant did not hold a firearms licence.
At an earlier appearance, counsel Kelly Beazley said the dogs "meant everything" to Darling and he believed he had exhausted every avenue with the council to get them back.
"His mental health was in such a state that he saw that he needed to get them out before they were killed," Ms Beazley said.
Yesterday, Judge Hermann Retzlaff said the burglary was "not minor".
"I understand your passionate reaction to losing your animals but that does not justify breaking the law," he said.
The judge noted Darling had a challenging background, but now had a job and family support.
Judge Retzlaff sentenced the defendant to six months’ community detention and 12 months’ supervision.
Darling was also ordered to pay $187.15 reparation to the council. The cannabis and the firearm would be destroyed.
