Tag Archives: deferred sentence

Livingston, West Lothian: Kirsty McNeil

#MostEvil | Kirsty M McNeil, born 13 May 1981, previously of Nelson Avenue, Livingston EH54 6BY – neglected several animals with the emaciated remains of a dog found in her freezer.

Kirsty McNeil was found to have kept the remains of a dog named Cooper after he had slowly been starved to death.

The mother-of-three had admitted to causing the pet unnecessary suffering by failing to provide him with appropriate care and treatment.

During an earlier hearing, McNeill was banned from keeping any kind of animal for a period of five years.

McNeil was also found to have mistreated two other dogs and cats that she kept at her home.

After initially being given a structured deferred sentence in August 2021, Ms McNeil was given a second nine-month sentencing deferral in November 2021.

The decision was said to be to enable her to take full advantage of the help and support being offered to her by social work and other agencies.

Adjourning the case until 18 August 2022 for McNeil – who was not in court – to be of good behaviour, Sheriff Jane Farquharson commented: “I take full account of the significant efforts she’s made herself.

“Nine months gives her the opportunity to do what she needs, but gives her the security that the court is keeping an eye on things to ensure that she’s maintaining her progress.”

Glenn Fraser, defending, told Livingston Sheriff Court that his client’s mental health had been “extremely poor” at the time of the offence and she hadn’t been looking after herself or anyone else.

He said she had “grasped the help she is now receiving with both hands” and was making every effort to deal with ongoing issues in her life.

He said: “The charges are serious charges. If the help she’s got now had been available at the time, perhaps we wouldn’t be here now.”

Mr Fraser told the earlier hearing that his client had not ill-treated her pets because of deliberate cruelty.

He said: “This happened because she wasn’t coping at the time. She just went into a downward spiral.”

The case came to light on 24 November 2019 after an anonymous caller told the Scottish SPCA that two cats at McNeil’s then home in Nelson Avenue, Livingston, were not being attended to.

SSPCA inspectors found the floor of McNeil’s home covered in dog faeces and a strong smell of urine in the flat.

Cooper, whose body had initially been stored in the drawer of a broken freezer, was found in a shallow grave in the garden.

His fur was so matted that inspectors couldn’t identify what breed the dog was.

The dead animal had not been exercised or cared for properly for so long that his claws curved underneath the pads on his feet and there were clumps of faecal matter on his hindquarters.

Yorkshire terrier Max was very thin with a matted coat.
Yorkshire terrier Max was very thin with a matted coat.

Two other dogs – a cross-breed called Benji and a Yorkshire terrier named Max – had similarly overgrown nails through lack of exercise.

Sharply pronged carpet gripper was exposed around the edges of the faeces-covered carpet in one room and there was clear evidence that the animals had chewed and scratched the door frame in a desperate bid to escape.

The pets which were still alive were rescued and taken away in an SSPCA van. Cooper’s body was disposed of after a vet carried out a post mortem examination to establish the cause of death, which was organ failure caused by malnutrition.

McNeil pleaded guilty to failing to feed Cooper properly whereby he became emaciated with a matted coat, overgrown claws and faecal and urine staining on his fur.

She also pleaded guilty to failing to take reasonable steps to meet the needs of her two other dogs and two cats between the same dates, 24 September and 24 November 2019, by failing to give the pets suitable food and water and adequate exercise which would have allowed them to exhibit normal behaviour patterns.

In addition, she admitted neglecting her mother Agnes Woodside, for whom she was carer, and other individuals by failing (presumably her children) to provide them with adequate food and clothing.

Scottish SPCA inspector Fiona Thorburn said inspectors who visited the property had found Max, a Yorkshire terrier, who was very thin with a matted coat, and Benji, a small crossbreed, who seemed to be in fair condition with mild matting.

“Max was kept by the vet for treatment and the other animals were taken to an animal rescue and rehoming centre where they received the care and rehabilitation they needed.

“The suffering McNeil directly caused Max and Cooper by failing to provide food and the most basic of care was entirely avoidable.”

Sentencing: deferred until 18 August 2022. Five-year ban imposed (expires August 2026).

Edinburgh Live
Daily Record

Hornsea, East Riding of Hull: Reece Stubbs

CONVICTED (2021) | Reece Peter Stubbs, born 12 December 1999, of 1 Hillerby Lane, Hornsea HU18 1AR – punched a dog three times, leaving her screaming in pain.

Animal abuser: Reece Stubbs from Hornsea, East Riding of Hull, UK.

Career criminal Stubbs, who at 21 is already a father of two (but lives with his mummy), was charged with assault causing actual bodily harm, criminal damage and unnecessary suffering to a protected animal.

He admitted the assault and criminal damage and was found guilty after trial of committing unnecessary suffering to an animal.

Animal abuser: Reece Stubbs from Hornsea, East Riding of Hull, UK.

The court heard how a man was walking his dog in Hull on December 30, 2020, at around 5pm when a small black dog came running up playfully.
However, Stubbs and another man came up and Stubbs picked up the dog by the scruff of the neck and then punched her several times. The dog screamed and howled.

The dog walker took exception to this and crossed the road to challenge Stubbs.

Animal abuser: Reece Stubbs from Hornsea, East Riding of Hull, UK.

But Stubbs picked up the dog crate in his possession and threw it at the man which hit him in the nose and wrist.

The victim’s glasses fell off and Stubbs and the other man stamped on them and threatened the man further.

They walked away but when the victim’s torch was turned on Stubbs thought the victim was filming him on his phone. He went up and threw three ‘haymaker’ punches at the victim.

Stubbs previously appeared at Hull Magistrates’ Court in February last year.

That court had heard how Stubbs had moved to Kingswood in Hull from Hornsea to be with his partner and their children.

Animal abuser: Reece Stubbs from Hornsea, East Riding of Hull, UK.

Despite having no previous convictions, Stubbs ended up committing five offences in just six months.

He committed his first offence of assault at the Co-op in Kingswood on August 28 2019 when he threw a can at a woman.

Between October 9-20 Stubbs, together with other males, also committed two theft offences.

The first involved syphoning petrol from cars in which £230 worth of fuel was stolen. Stubbs also admitted stealing two vacuum cleaners and a transformer from the new homes being built near to his home.

On New Year’s Eve 2019 Stubbs committed a public order offence in a street in Kingswood.

Then on January 12, 2020, Stubbs was involved in a violent confrontation with a neighbour in Kingswood, punching his victim in a “sustained attack”.

But rather than walk away, Stubbs punched the man to the ground and continued to hit him on the ground.

The magistrates’ court heard how Stubbs had not been able to cope with the responsibility of being a dad while he also mixed with the wrong crowd and made some poor decisions.

Animal abuser: Reece Stubbs from Hornsea, East Riding of Hull, UK.
Shameless: persistent violent offender Reece Stubbs posed for a picture outside Hull Crown Court  during his appearance for sentencing, with several Facebook friends, including his own mother Debbie Burke, wishing him luck/

Catherine Kioko-Gilligan, mitigating, again reiterated the fact Stubbs had previously had no convictions before the series of offending in the last 18 months.

She said: “The defendant became associated with a number of negative influences. But he has since made positive steps to address these issues and he now has casual employment.

“He wants to become a positive role model for his young children who are just one and four years old. He knows he must change or he will end up in prison.”

The court also heard how Stubbs had not engaged with the previous community order, only completing 15 hours of the 300 hours of unpaid work he should complete.

But, despite this, Judge Ahmed Nadim was prepared to give him one last chance.

He told Stubbs he will defer sentence for six months – until January 17 – during which time he must complete his unpaid work and 17 rehabilitation activity days.

“You had everything going for you but your behaviour over the last couple of years and significantly compromised your life potential,” he said. “It is appropriate for you to be sent to prison for this disgraceful behaviour.

“But I will give you one last opportunity to demonstrate that you are capable of and willing to curb your ways and embrace a law-abiding lifestyle. Your attempts to complete the last community order has been woeful.

Judge Nadim told Stubbs he must complete all the unpaid work, do the rehabilitation days and stay out of trouble until January 17 otherwise he can “expect to be in prison for a substantial period of time”.

Hull Live

Dundee: James McDonell

#MostEvil | James Donald McDonell, born 14 November 1997, of 5D Robertson Street, Dundee DD4 6EL – left two cats to starve to death

Cat killer James McDonell from Dundee

The bodies of cats Mia and Babe were found under a duvet. They were suffering from weight loss and had died of suspected dehydration.

Their owner, James McDonell, pleaded guilty to causing the pets unnecessary suffering by failing to provide adequate care and treatment.

McDonell failed to obtain veterinary advice or treatment for their conditions between July 12 and August 2, 2019, for one of the cats, and between July 24 and August 2, 2019, for the other.

The court heard that McDonell was neglecting himself due to difficulties in his personal life.

Victims Mia and Babe
Victims Mia and Babe

Authorities were alerted to the suffering of the cats and visited McDonell’s home, where they found the animals already dead under a duvet.

Defence solicitor Ross Donnelly said McDonell had been suffering from significant mental health issues at the time of the offence but has now got his life back on track.

Sentencing: admonished after a period of good behaviour. Banned from owning an animal for five years (expires January 2026).

Evening Telegraph


Additional Information

James McDonell performs as drag queen Raspberry, sometimes styled as Rasp Berry.

We understand that McDonell continued to perform publicly as his drag queen altar ego as his cats starved. So much for his “mental turmoil”.

Glenrothes, Fife: Heather Jones

CONVICTED (2019) | Heather Jones, born 28 May 1970, of King Edward Street, Glenrothes KY7 6AW – left three horses to starve in a field.

Heather Jones of Glenrothes, Fife, left horses to starve in a field
Heather Jones of Glenrothes, Fife, left horses to starve in a field

A horse named Zante was in an emaciated state after Heather Jones failed to provide enough food for him. He and two other horses kept by Jones in a field in Coaltown of Balgonie, were handed over to the Scottish SPCA. The animals have since been rehomed.

Jones was said to have been a keen horsewoman, having kept horses for years and competed in shows around the country.

At Kirkcaldy Sheriff Court she was reprimanded by Sheriff Grant McCulloch for failing to care properly for Zante.

Sheriff McCulloch also expressed concern for three dogs she keeps and requested further information from the animal charity which investigated the case before he decides how to deal with her.

Heather Jones of Glenrothes, Fife, left horses to starve in a field

Jones admitted causing Zante unnecessary suffering between December 10, 2018, and January 10, 2019, by failing to provide adequate nutrition leading to him becoming emaciated.

Her denial of causing unnecessary suffering to two other horses, Toruk and Smith, was accepted by the Crown.

Sheriff McCulloch told Jones: “It’s clear that for whatever reason for a period you did not properly care for one of your horses.

“You did, through inaction or improper action, cause Zante to suffer unnecessarily.”

He said that fortunately Zante’s body condition had improved since being taken from Jones’ care and he was now thriving.

Solicitor Alistair Burleigh said Jones had suffered from mental health issues and had been “completely and utterly isolated” when the offence occurred.

He said: “She knows her failures were quite serious. She is deeply ashamed of how this came about.”

Mr Burleigh said Jones had been highly dedicated to her horses, taking them to events all over. He said: “All that has gone by the wayside.

“She took the appropriate steps to sign these horses over to the SSPCA and all three of them have been rehomed.

“It’s obvious she has a huge void in her life as a result of not having any horses.”

Sentencing | 12-week structured deferred sentence to allow Jones to engage with psychiatry services and for a further report from the Scottish SPCA. Unfortunately the outcome was never reported.

The Courier

Alexandria, West Dunbartonshire: Robbie Lees, David Cassels and Samuel Burgoyne

CONVICTED (2011) | Samuel Burgoyne, born 12 June 1967, of 56 Pappert, Alexandria G83 9LE, Robbie Lees, born c. 1985, of 4 Northfield Road, Alexandria G83 9EU and Davie Cassels, born 2 May 1987, also of Alexandria (address tbc).

Caught redhanded terrorising foxes with dogs: from the left Samuel Burgoyne, Davie Cassels and Robbie Lees
Caught red-handed terrorising foxes with dogs: from the left Samuel Burgoyne, Davie Cassels and Robbie Lees

In late August 2011 the trio admitted deliberately hunting foxes with dogs in the Clyde Walkway in the East End of Glasgow.

A wildlife crime officer on the lookout for the badger baiters who plague the area saw one of the men, later identified as Samuel Burgoyne, holding a fox by the scruff of the neck. A small black dog had latched onto the fox. Burgoyne then separated the two and threw the fox into a bush. The dog went after the fox and snarling was heard.

Cassels was holding a net, which he tried to conceal when apprehended.

Three other dogs were seen. Two were wearing radio collars. One had blood on his nose.

Two metal spades, netting and three radio locaters were seized, as well as the four dogs.

Two of the dogs were found with fox hair and fox DNA in their teeth.

Sentence was deferred for good behaviour. However, the judge ordered that that the dogs be re-homed and disqualified all three from owning dogs for two years (expired 2013).

Daily Record
BBC News