A woman who killed her ex-lover’s dog by hurling it out of a window 30ft up during a row has avoided jail.
Kayleigh Smee threw the eight-year-old pet Chihuahua to his death from a second-storey flat during a “terrible” row with her boyfriend.
Despite surviving the fall, the dog called Prince had to be put down later from his injuries..
Smee and her boyfriend, Ryan Doe, had been out drinking and returned to her flat in Rochester, Kent on December 10, 2021.
A row broke out and Smee claimed her lover was violent and had damaged the door of the flat after she threw him out.
As he stood below her window, Smee began throwing out crockery before throwing out Prince. She claims her lover had often beaten the animal.
Smee initially said she had not tossed the dog out of the window, but later said he may have been thrown out with the clothes.
But in court Jeremy Cave, prosecuting on behalf of the RSPCA, said none of the eye witnesses saw any clothes on the ground, just the injured dog.
The couple, who had been together for a year and a half had been to a cocktail bar that evening and both had drunk a “substantial amount of alcohol”.
The mum-of-two is believed to be the first person in the UK to be sentenced under new guidelines.
The change saw the maximum sentence rise from six months to five years in prison for causing unnecessary suffering to an animal.
At her trial at Maidstone Crown Court she was given a 12-month jail sentence suspended for two years.
She was also ordered to carry out 200 hours of unpaid work and attend 30 rehabilitation activity requirement days.
She is banned from owning or keeping a dog for 10 years.
Judge Philip Statman said: “Prince, this much loved little Chihuahua, died the most awful death…which was wholly avoidable.
“This was an ugly incident which happened spontaneously but was not done out of revenge.”
Neighbours, including a young child, witnessed the dog being hurled out of the window and heard it yelping in pain.
Prince was taken for treatment by a vet after suffering bleeding and severe spasms but 12 hours later he was put down despite emergency treatment.
The 33-year-old cleaner, whose address remains a secret, has admitted causing the dog unnecessary pain.
Smee has since moved to a new house away from Mr Doe.
She claimed she had been subjected to physical violence during the row which alerted neighbours who then called the police.
The judge heard that the family have since moved after receiving abuse from neighbours who were outraged by the treatment of the animal.
The judge told her that she had only pleaded guilty days before the trial was due to begin and said he was not convinced her remorse was genuine.
He said she was “thinking about herself” too much, evidenced by her looking around the courtroom throughout the hearing.
