The owners of three dogs that attacked a number of people on a popular Jervis Bay beach in 2020, resulting in the death of 91-year-old woman, have been fined a combined $10,000 and banned from owning dogs for five years.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Adam Newbold, 38, and Candice Jane Bernhard, 31, both of North Nowra pleaded guilty to charges of owning a dog which attacked a person, offences which carry a maximum fine of $11,000.
Bernhard, who owned two of the dogs involved in the incident, pleaded guilty to two charges and Newbold, who owned the other dog, pleaded guilty to one charge, with the sentences handed down in their absence by Magistrate Lisa Viney in Nowra Local Court on Monday (May 9).
Court papers revealed at least three people were attacked by the dogs on March 29, 2020 at the popular Collingwood Beach at Jervis Bay, however the couple were only charged over the attack on Ada Holland, known as "Sally", who due to her injuries and blood loss, suffered a cardiac arrest and could not be revived and died at the scene.
In making her sentence, Magistrate Viney said the charges only related to the dog's attack and not the "death of Mrs Holland".
The Magistrate said she did not take into account other evidence put forward by NSW Police, including the fact the dogs had previously escaped and one had bitten a nearby neighbour, or the couple had had been fined for not registering the dogs and had been warned by authorities to ensure the dogs could not escape.
"I can only sentence on the attack on Mrs Holland," Magistrate Viney said.
"I cannot sentence over her death," however she did say the incident is set to be the subject of a coronial inquest.
Police charge sheets said between 6.50am and 7.30am on March 29, 2020 at Vincentia the couple were the owners of dogs that attacked and bit Ada Holland.
The court previously heard the couple were living in Berry Street, Vincentia at the time of the incident and owned four dogs, of American Staffordshire Terrier, Bull Mastiff and Bull Arab breeds.
Newbold owned the oldest dog, seven-year-old Brocky, while Bernhard owned Letty, 3, Calais, 18 months, and Buster, 6 months.
Escaped from yard
The court was told Brocky, Letty, and Calais, had escaped from their yard on that day, running on to Collingwood Beach and were involved in the early morning attack in which Mrs Holland died.
In handing down the sentences Magistrate Viney said Ms Bernhard was charged with two offences because she owned two of the dogs involved in the incident, while Mr Newbold only faced one charge as he only owned one of the dogs.
"The offences are in the upper range of seriousness," she said.
"The facts are the dogs pulled Mrs Holland to the ground and pulled flesh from her arms and lower legs.
"They were reported to be in a 'frenzied state' and fought against each other."
She said she took into account Ms Berhnard herself had suffered significant injuries to her lower legs while trying to fight the dogs off after they turned on her, injuries which also required surgery.
Magistrate Viney said she was also presented with facts Ms Bernhard suffers from mental health issues, financial restraints and is extremely remorseful.
"Mr Newbold also suffers mental health issues, has financial issues and is also remorseful," Magistrate Viney said.
Magistrate Viney fined both Newbold and Bernhard $5000 each, with Bernhard's fine equating to $2500 for each offence.
Magistrate Viney also agreed with a request from police prosecutors that the couple be banned from owning dogs under the Companion Animals Act.
In banning the couple for the maximum of five years as allowed under the act, Magistrate Viney said "the animals were examined by a veterinarian and were noted to be in poor physical health, had escaped previously and the fencing provided was totally inadequate to contain the dogs."
The Illawarra Mercury newsroom is funded by our readers. You can subscribe to support our journalism here.
Sign up for breaking news emails below ...
