Published 05 July 2019
Sentencing — animal cruelty — sheep farm — fly strike — Animal Welfare Act 1999, s 169. The defendant appeared for sentence having pleaded guilty to four charges laid under the Animal Welfare Act. The defendant, an experienced farmer, owned and operated a 600 hectare block running about 2,500 sheep and 300 to 400 cattle. A complaint was received and animal welfare inspectors visited the farm and identified a serious fly strike outbreak throughout a large number of sheep. Previous steps taken to prevent fly strike had expired. The charges related to the defendant's failure to protect and treat (no more than 120) sheep from fly strike. Further, that the defendant recklessly ill-treated (no more than six) sheep resulting in pain or distress requiring the animals' destruction, again as a result of fly strike. Finally, that the defendant recklessly ill-treated (not more than 60) sheep resulting in animals dying from failing to adequately prevent and treat fly strike. The Judge adopted a starting point of $32,000 in fines for the charge relating to the 60 dead sheep. Appreciating the totality principle, the Judge applied an uplift of $10,000 for failing to treat the animals. The Judge granted a discount of $5,000 for the defendant's good character, no prior convictions, ill health, and nonopposition to the order to effectively stop sheep farming. A further 25 per cent was discounted for the defendant's early guilty plea. The end sentence was a fine of $28,500, plus court costs ($130), and a disqualification order under s 169 of the Animal Welfare Act. Judgment Date: 8 March 2019.
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