A New Brunswick man who was sentenced to a year in jail after pleading guilty to animal cruelty charges will only serve half that time.
Kyle Springer appealed his sentence on Wednesday, claiming the judge made errors in law and principle and, in an oral decision rendered Wednesday, the appeal judge agreed.
READ MORE: N.B. man sentenced to 1 year behind bars for abandoning, starving dog to death
Although given a reduced sentence of six months, Justice Richard Petrie made sure that Springer was aware of the seriousness of his crime. Petrie called his actions “disturbing and disgusting,” saying that he caused his dog to die “painfully and slowly.”
The charges stem back to December of 2014 when Springer abandoned his Summerville, N.B., home to move to Alberta, leaving behind his dog Diesel, who starved to death over a number of months.
He was only discovered once the owner entered the mobile home while in the process of evicting Springer. Diesel showed effects of severe dehydration and lack of food. His eyes were sunken and ribs protruding. There was nothing in his stomach but a few pieces of plastic.
Springer pleaded guilty to animal cruelty charges in April and was sentence to a year in jail, which was double the six-month recommendation from the Crown.
“Mr Springer, you failed totally in your obligations not only to the dog but to society in general,” Judge Julian Dickson said back in April while rendering his decision.
“With all due respect sir, there are no words in the English language that describe my disgust.”
WATCH: Sentencing hearing for N.B. man who pleaded guilty to animal cruelty charge
In his decision to grant the appeal, Petrie said the sentencing judge failed to evaluate the case law presented to him and did not properly weigh mitigating factors, such as his guilty plea, expression of remorse and his lack of a prior criminal record.
Petire also ruled that Dickson erred in considering the four years Springer spent in Alberta after his a warrant for his arrest was issued an aggravating factor. He said it was never established that Springer was avoiding arrest and that he could have been apprehended by police out west at any time.
Petrie found the sentence to be a major departure from the case law and therefore unfit. Most summary animal cruelty convictions carry jail time of about six months. The maximum is 18 months.
These factors led Petrie to reduce the sentence to the initial Crown recommendation of six months, with a year of probation and a ban on owning animals for 10 years, up from the previous three-year ban.
READ MORE: N.B. man who pleaded guilty to starving dog back in custody awaiting sentencing
Three members of the animal rights group mission PAWSible attended the decision, and while disappointed to see the sentence reduced, they were unsurprised.
“We’re pleased that he did get banned for 10 years of owning, being anywhere near, residing with animals and birds. We’re very happy with that decision. Six months, we’re not surprised of that. But today is still a great day for Diesel,” said Wendy Hallihan.
Springer has already served five months in jail and Justice Petrie said he would leave it up to the appropriate authorities to determine if time served is sufficient.