Grandmother prosecuted over goldfish wins appeal

A judge has ordered the removal of an electronic tag placed on a 66-year-old great-grandmother after a goldfish was sold unlawfully to a teenager at her pet shop.

Judge Adrian Smith said the 10-week 6pm to 6am curfew imposed against Joan Higgins was "inappropriate" for a "respectable lady" with no previous convictions as he ruled the correct sentence was a conditional discharge.

Mrs Higgins, licence holder at Major Pets in Sale, Greater Manchester, was prosecuted by Trafford Council after it sent in a 15-year-old boy to make a test purchase of a goldfish following complaints of other inappropriate sales of pet animals to children.

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The animal was sold by her son, Mark, 44, who did not question the child's age or provide any information about the care of the fish.

An animal welfare officer present at the purchase visit last July also found a cockatiel in distress and a vet discovered it had a broken leg, eye problems and a distended stomach. It later had to be put down.

Both mother and son pleaded guilty at Trafford Magistrates' Court to causing unnecessary suffering to the cockatiel.

Mr Higgins admitted selling the goldfish to a minor and Mrs Higgins – who has run the shop for 28 years – also pleaded guilty to six further contraventions of her pet shop licence.

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Magistrates imposed a 12-month community order on Mr Higgins with the requirement to perform 120 hours of unpaid work, while his mother was told she had to wear the tag as a result of her first conviction.

Hearing an appeal against their sentences at Manchester Minshull Street Crown Court, Judge Smith said he had the advantage of hearing detailed submissions on the case which were not previously heard as the two defendants chose to have no legal representation before the magistrates.

He said: "In addition we have been able to consider many statements made by people who have known the appellants for many years and can speak of their expertise and dedication as pet shop owners."

In reference to the cockatiel, he added: "We accept this represented an isolated lapse in the usual high standard set by the appellants in the care and handling of pets."

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"A community sentence was justified. We do however conclude that the personal circumstances of the appellant Joan Higgins of her being a 66-year-old respectable lady with no previous convictions made the imposition of a curfew inappropriate."

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