RSPCA wins appeal on greyhound cruelty.

• AAP
• June 01, 2012 2:35PM

THE RSPCA has won an appeal against the acquittal of a woman over 23 offences relating to the cruel treatment of 15 greyhounds.

Johanna Elliott was acquitted by a magistrate of the offences in September last year.

The charges related to an alleged failure to provide the dogs with veterinary treatment or with proper and sufficient food.

In the NSW Supreme Court on Friday, Justice Monika Schmidt upheld an appeal by the RSPCA, set aside the magistrate’s decision and remitted it back to the local court “to be determined according to law”.

The judge said the greyhounds were not owned by Ms Elliott.

Ten were owned by a friend and five by another woman, but all were housed in a kennel at a property at Riverstone, in northwest Sydney.

During the relevant period, Ms Elliott had volunteered to provide the property owner with assistance by cleaning the kennels and feeding the dogs.

The appeal related to the legal meaning of “person in charge” of the dogs and whether the magistrate misunderstood an earlier Supreme Court decision about the “proper construction” of that term.

Justice Schmidt concluded the magistrate did make an error of law.