Jail Nathan Merchant for kicking a Chihuahua to death in the Hunter Valley last year

Nathan Merchant was charged with animal cruelty after the death of a Chihuahua at a Cessnock home in August last year.

Sara Dow went to get takeaway for dinner in August last year and when she returned to her home she found her Chihuahua Toby dead on the bathroom floor.

In Cessnock Local Court today Merchant, 23, was sentenced to 100 hours of community service.

Ms Dow collapsed outside the court and had to be consoled by family and friends.

She described the sentence as a joke.

"He was my child, he was my companion, he was my saviour," she said.

"It's been going for too long people getting away with animal cruelty."

Ms Dow said she wanted the magistrate to give Merchant some jail time.

"I wanted to see the law do something good," she said.

"He's obviously not well, so why let someone walk the streets that's able to kick a little dog's head in?"

Merchant made no comment when he left the court.

Community service for this dispicable act is not good enough appeal ythis decision and insist in jail time.