A man who “violently and maliciously” killed his flatmate’s service dog by throwing it against a wall so fiercely that blood splattered all over his apartment will spend only three months behind bars.
Liam Brandon Maxwell had little explanation for the sudden and brutal attack on Oliver – a four-year-old Maltese cross owned by his then flatmate Chantelle Astin – apart from telling police the dog bit him before the outburst.
Oliver was assisting Ms Astin with her anxiety, depression and post-traumatic stress disorder and the dog’s sudden death in February last year devastated her.
Ugly scenes unfolded at Brisbane District Court on Tuesday as Maxwell was ordered to serve only three months behind bars for the brutal act.
“There’s no mental health treatment in this country,” Maxwell’s mother screamed as her son was led off to the cells.
Maxwell, 24, appeared emotionless and chewed gum through proceedings.
He had pleaded guilty earlier this year to a single count of serious animal cruelty.
The court was told Maxwell and Ms Astin were living together in the Surfers Paradise apartment when the incident unfolded.
Maxwell hurled the dog across the living room with “significant force” on February 8, 2021, causing the dog to hit a wall.
He then called Ms Astin, who was in Robina, informing her of what happened.
Police found blood splattered across the roof, walls, curtains, boxes and floor of the apartment.
The deceased Oliver was lying in a pool of blood.
“You told police Oliver had bitten you,” Judge Rowan Jackson said.
“He would have experienced extreme emotional distress and fear as he was being traumatised.
“This was a senseless, violent and frankly frightening act.”
Crown prosecutor Christopher Cook said there was little explanation for his outburst and Maxwell’s act had devastated Ms Astin.
In her victim impact statement she described losing “lost time, motivation, peace, happiness and hope” and taking up drinking “daily” to numb her memories.
Maxwell’s barrister James McNab said his client had the “propensity” to rehabilitate and tackle his mental health issues.
“He’s shown immediate remorse for his conduct,” Mr McNab said.
“There is no premeditation or subsequent offending and it is not a protracted offence.”
The court was told Maxwell had prior convictions for assaulting a person over 60 just months before killing Oliver.
RSPCA Western Australia inspector Kylie Green has discussed the strangest calls the organisation received this year.
Mr McNab said Maxwell had significant mental health issues and was addicted to drugs.
He had moved to Brisbane in order to get away from the Gold Coast’s drug culture and secure a place in residential rehabilitation.
Mr McNab said Maxwell and his family had received death threats following the incident.
Judgxjmtzywe Rowan Jackson sentenced him to two-and-a-half years’ jail but ordered he serve three months behind bars.
In setting a parole eligibility date in July, he took into account Maxwell’s remorse and his attempts at rehabilitation.
Outside court, Ms Astin told reporters she was unhappy at the sentence as it “set a precedent”.
“I personally have a lot of mental health issues and I’ve never maliciously hurt anyone, verbally or physically, to anyone or their animals,” she said.
“Losing Oliver was like losing every single piece of me, every single thing I was fighting for.
“He was the only good thing in my life showing me I still have somewhat of a future … Oli was amazing, he was so loving and caring and open.”
