The DSPCA are calling for the full implementation of penalties under the Animal Health and Welfare Act following a brutal case which saw one man escape a jail term.

44-year-old Liam Dowling of Fitzgibbon Street in Dublin claimed he could not afford vet bills for his sick dog.

He avoided a jail term for violently killing the animal in a park full of children.

One witness saw Dowling 'swing the Jack Russell dog over his head by its lead and smash it to the ground up to 30 times' as he crossed a park area by Clonliffe College.

Garda Shane Mengessidis said that Dowling was also seen putting his foot on the dog's head while it was on the ground and pulling the lead tight.

Commenting on the case, Judge Martin Nolan said that by any standard what happened to the dog was incredibly cruel, but said that Dowling had been on prescription drugs at the time.

The judge said he intends to impose 200 hours of community service in lieu of a two year sentence if Dowling is suitable.

He further noted that Dowling cares for a child and is a “contributing member of society.”

He said he would not impose a ban on Dowling keeping animals, as he did not want to deprive the man's child of having a dog.

The DSPCA's Gillian Bird says given the nature of the case she cannot believe Mr Dowling was not given a lifetime ban on owning animals;