Calgary man gets 1 year in jail for beating, stabbing and burying tenants' dog

A Calgary man who pleaded guilty to beating and stabbing his tenants' dog to death in what defence argued was an atypical fit of rage over late rent and missing property has been sentenced to a year in jail.

Robert Malcom Nicholson, 34, also heard Tuesday that he would face18 months of probation and a five-year ban on keeping animals of his own.

The Crown had asked for a two-year sentence and a lifetime ban on keeping animals, telling the judge that Nicholson deliberately killed the dog to take revenge against his tenants.

The defence had argued Nicholson committed the violent act in a fit of rage that wasn't in keeping with his normal character.

"This type of action is unacceptablein a society like ours," provincial court Judge John Bascomsaid at Tuesday's sentencing.

• Robert Malcom Nicholson charged after dog beaten, stabbed and buried in Renfrew
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Court heard that Joe Hossay, his wife and three children lived with their border collie cross,Chevy,on the main floor of a home in the community of Renfrewthat they rented from Nicholson, who lived in the basement suite.

After athree-month trip to visit his wife in thePhilippines, Nicholson returned to the home in March 2015 and found some of his belongings missing. He also claimed Hossay had been late paying rent.

Nicholson then broke into the Hossays' home and chased Chevy into the backyard, where he struck the animal with the blunt end of an axe.

The dog suffered a fractured skull but was still alive, court heard.

Nicholson then went back into the house and found a serrated knife, which he used to stab and saw at Chevy's neck.

He told the court he used the knife because he believed the dog was suffering from the axe blow and he wanted to put the animal out of its misery.

The Crown disputed that.

"No one tries to end a dog's suffering by literally trying to cut [its]neck in half," prosecutor Rosalind Greenwood said.

Chevy eventually bled to death in a slow process that a vet told the court would have taken at least 10 minutes, but likely "much longer."

Nicholson buried the animal in the backyard.

He apologized at his sentencing hearing in November 2016, saying he had "great regret" over what he had done.

"I think about this every day and every night," Nicholson said.

"I'm so terribly sorry."

Heather Anderson, founder of an animal support group called theDaisy Foundation, said Nicholson's sentenceshows some progress in punishing people who abuse animals.

"The bottom line is that people are starting to realize that animals should be our equal and people that do these sorts of things should beprosecutedin the highest," Anderson said.

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