Benjamin Francis Appleton kills neighbours cattle on his Bloomsbury property

A father of four splitting his time between the mines and his own farm faced court for shooting and killing two cattle. See what tipped him over the edge.

Benjamin Francis Appleton faced Mackay Magistrates Court on February 19, 2025 after he shot and killed two cattle belonging to his neighbour. Photo: Fergus Gregg

A farmer who works in the mines took matters into his own hands in a dispute with his neighbour by killing two pregnant cows which crossed onto his property.

Father of four Benjamin Francis Appleton, 38, had repeatedly asked his neighbour to stop cattle from crossing the fence they slipped through before October 25, 2024, when he shot the cows, killing one outright.

The other, wounded, crossed back over the fence before Appleton finished it off.

The cattle, one of which was a brahman-brindle cross, pushed through Appleton’s fence and onto his property before he shot them.

The court heard Appleton chained the corpses and dragged them behind his ute to another location on his property.

The victim was not home at the time, but another neighbour called him after they heard gunshots and saw Appleton dragging the cattle.

Appleton pleaded guilty to the charge of injuring stock animals and his firearms license was suspended.

Defence lawyer Marcus Hahn with McKays Solicitors said Appleton bought the property from his grandfather in 2017.

Mr Hahn told the court Appleton had four children aged six, eight, 12 and 14 and he works a seven on seven off roster at Hail Creek mine as a mechanical fitter, while working full time at the property on his off days.

Mackay. Benjamin Francis Appleton faced Mackay Magistrates Court on February 19, 2025 after he shot and killed two cattle belonging to his neighbour. Photo: Fergus Gregg

Mr Hahn said the offending can be seen as an aberration in Appleton’s “excellent character”.

Magistrate Bronwyn Hartigan said there were “different ways on properties that people deal with things”.

Ms Hartigan said took into account the cattle escaping was an ongoing issue and the court heard Appleton made efforts to speak with his neighbour and mediate the dispute, but these were rejected both before and after the offending.

“The cattle keep escaping... it’s gone onto his property,” Ms Hartigan said

“That’s not to excuse what he’s done but there might have been other ways to deal with it.”

The court heard previous attempts to mediate the dispute were rejected by Appleton’s neighbour.

Ms Hartigan said while “it is their right to not want to sit down with you and mediate” she took into account Appleton’s killing of the two cattle was “probably out of frustration”.

“Cattle on the road are dangerous,” Ms Hartigan said.

“In recent times a beast on the road cause a motorcyclist to die.
“It’s true and commonly known that property owners do things that perhaps people in the city don’t understand.”

Appleton was ordered to pay a restitution to his neighbour of $3226 within 24 hours and Ms Hartigan chose not to record convictions and he was put on a good behaviour bond for a period of three months.

“You are of excellent character, the nature of the offence... is low level and I’ve considered the circumstances under which you committed this offence,” she said.

“I think it is also something that can be taken into account that you have offered an apology to your neighbour which was rejected.

“This happens again ring triple-0 on him let the police work it out, that’s the way to do it.”

Ms Hartigan said she hopes Appleton gets his weapons license unsuspended and he “gets his gun back”.