Owner sentenced after dog falls to its death from balcony

A dog that fell from a fifth-floor balcony, convulsed, bled, and was eventually euthanized after it could not be saved, led to a sentence of 70 days of community service and a 5,000 shekel fine imposed on its owner. Judge Alex Achter determined that this was an "exceptional, irresponsible and unreasonable" act.

According to the amended indictment, during the night hours, barking and whining of a dog were heard from his apartment. Around 05:00, the defendant placed his dog on the balcony railing of his fifth-floor apartment. The dog fell to the third-floor balcony, began to convulse, bled from its nose, suffered from internal bleeding, and began to die, until it required a sedative injection and permanent euthanasia.

After the fall, the defendant and his friend went down to the neighbor's apartment to get the dog back, but were refused and left the scene. Two days later, the defendant called a veterinarian, identified himself as the dog's owner, and when he learned that the dog had been euthanized, he deleted the picture he had sent for identification.

The prosecution argued that the defendant's actions significantly harmed the protected values of protecting helpless animals, which are exposed to violence by humans. The prosecution also pointed to the defendant's criminal record, which includes three previous convictions for violence and drug offenses, and requested a sentence of six months of imprisonment in the form of community service, a fine to be transferred to the animal welfare fund, an undertaking to refrain from committing further offenses, and an order prohibiting him from owning animals.

On the other hand, the defendant's defense attorney argued that his client admitted to the amended indictment and took responsibility for his actions. According to him, immediately after noticing that the dog had fallen, he approached the neighbor onto whose balcony the dog had landed and asked to get it back, but the neighbor refused. The defense requested to set a sentencing range between a suspended sentence and two months of community service, and to place the defendant's sentence at the lower end of the range.

Judge Alex Achter emphasized in the verdict that "there is no dispute that the defendant's act is exceptional, irresponsible and unreasonable." According to him, the values that were harmed are "the protection of animals as they are and the protection of the weak and helpless, while condemning acts of cruelty and abuse."

Achter cited rulings of the Supreme Court, including the determination that "abuse of an animal, cruelty to it, torturing it, are immoral acts," and that "a civilized society is measured not only by its treatment of humans but also by its treatment of animals." In addition, he referred to the determination that "there is room to increase punishment regarding harm to animals," since "cruelty and harm to animals... testify to callousness and insensitivity."

The judge determined that any reasonable person would have understood that placing a dog on a balcony railing on a high floor could lead to its fall, injury, and even death. He also noted that the offense was not planned, that after the dog fell the defendant immediately approached the neighbor in an attempt to get it back, and since that incident, no other offenses under the Animal Welfare Law have been recorded against him.

Because of this, he rejected the prosecution's request to issue an order prohibiting him from owning animals. Finally, the court sentenced the defendant to 70 days of imprisonment to be served as community service, a fine of 5,000 shekels to be transferred to the animal welfare fund, and a financial undertaking of 10,000 shekels to refrain from committing further offenses under the Animal Welfare Law.