Daniel Challis, 24, and Cheryl Stevens, 27, convicted of causing unnecessary suffering and told by Torbay magistrates they could be jailed

This article is more than 3 years old

This article is more than 3 years old

Two friends face jail for taking part in a drinking game dare in which one of them swallowed a live goldfish.

Daniel Challis, who ate the fish, and Cheryl Stevens, who videoed him and posted the footage on Facebook, were both convicted of causing unnecessary suffering to the creature.

They were told by magistrates in Torbay, Devon, that they could be given a custodial sentence and the case was adjourned for reports on them to be prepared.

Kevin Withey, the RSPCA prosecutor, said the pair were with friends in an office above the Crazy Horse pub in Paignton, Devon, where they took part in a drinking game.

Withey said: “This was a bravado exercise called Neknominate, a craze where someone dares to drink things. It becomes more bizarre and unpleasant.”

The magistrates were shown the 35-second video several times. Challis is seen picking up the wriggling goldfish, a friend’s pet, holding it above his mouth by the tail and swallowing it as people in the room laugh. He pulls a face as he swallows the fish.

Some people who saw the video on social media reported it to the RSPCA, who investigated.

In his interview with the animal charity, Challis conceded: “It was a stupid thing to do. I didn’t think eating a fish could cause this much trouble. It upset some people.”

He said it was “the one and only time” he had eaten a goldfish and he had done it as a dare at a time when his judgment might have been impaired by five pints of lager.

Challis, 24, a timber merchant, claimed in court the fish was dead and was not wriggling – saying it was his hand shaking as he held the fish up that made it look as if the animal was moving.

He said: “It was dead. I flinched because it was slimy and not pleasant. I had a drink and my hand wasn’t steady at the time.” He told the court he could not remember who had asked him to carry out the dare.

The magistrates said they believed the fish was alive.

Vet David Martin said the fish would have suffered as it tried to breathe out of the water and in an acidic environment like a human stomach.

Stevens, 27, said: “Someone dared Dan to down it. I took the video, I posted it on Facebook. It was dead – he was shaking, he was nervous. I never filmed anything like this before. I thought it was quite funny.”

Neither defendant could remember who else was in the room, who made the dare and who took the fish out of its tank before it was swallowed.