Ayrshire dog cruelty woman wins appeal against jail sentence

Jack Russell terrierSSPCA
A female Jack Russell terrier was one of three dogs that had to be put to sleep

A woman who was jailed for causing animals unnecessary suffering has had her prison sentence replaced by a community payback order.

Elaine Erskine failed to look after 30 dogs at her home in Fenwick, East Ayrshire. Three had to be put to sleep.

The 58-year-old was initially sentenced to 14 weeks in prison and given a lifetime ban on owning animals.

However, two appeal sheriffs have now agreed that she should perform 200 hours' community service instead.

SSPCA
The animals were found in filty conditions

Kilmarnock Sheriff Court had previously heard Erskine did not feed the dogs properly or protect them from hazardous materials.

She pleaded guilty to causing unnecessary suffering under section 19 of the Animal Health & Welfare (Scotland) Act 2006.

Erskine's lawyers appealed against the jail term part of her sentence.

Sheriffs Grant McCulloch and Nigel Ross agreed with their submissions that a non-custodial sentence was appropriate.