A MAN who subjected his sister's foal to a terrifying ordeal has been spared an immediate jail term - despite the judge describing it as a "truly shocking case".
Sean McWhinnie punched six-month-old Faith in the face and also wrestled with the animal, which was trapped in a stable with the defendant.
Appearing at Southampton Crown Court, McWhinnie was handed a suspended prison sentence and banned from owning or keeping animals for life.
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Hazel Stephens, prosecuting on behalf of the RSPCA, said the foal was repeatedly subjected to violence at a farm on November 8 2021.
She told the court that McWhinnie punched Faith in the face, causing her to spin around, and also started wrestling with the animal.
"The foal was extremely distressed, running backwards and forwards trying to escape."
Ms Hazel said Faith "was effectively a baby" who found herself trapped in a stable in East Wellow with a man who showed "zero empathy for the animal and zero understanding of its needs".
She added that the foal was still being cared for by the RSPCA and its associates.
Timothy Compton, mitigating, said McWhinnie had mental health issues and argued that sending him to prison was likely to do more harm than good.
He added: "He does understand, to a degree, that the way he behaved was not the way he should have behaved."
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Judge Brian Forster KC said: "The foal was repeatedly hit, wrestled, and terrified. All right-thinking people take a serious view of any cruelty to an animal."
But the judge told the defendant: "You have undoubted mental health challenges that contributed to the commission of this offence."
McWhinnie, who had previously pleaded guilty to causing unnecessary suffering to an animal, was handed a five-month sentence suspended for 21 months.
Judge Forster described the case as "truly shocking" but said McWhinnie had kept 100 appointments with the probation service ahead of the hearing. He added that the defendant's mental health problems meant he would struggle to cope if he were jailed.
McWhinnie, 42, of Banning Street, Romsey, was also sentenced for unrelated offences committed during what the judge branded a "night of crime".
The court heard he caused an alarm and distress to a teenager, burgled a garage, took part in aggravated vehicle taking, made off without paying for petrol, and was found in possession of a Class B controlled drug. He was handed suspended sentences.
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