Shaye Mitchell Henry sentenced in Rockhampton District Court for serious animal cruelty and DV assaults

A man alleged to be involved in October’s Central Qld prison riots is likely to be deported after he was sentenced for serious animal cruelty on his young puppy and assaulting his pregnant partner. Here’s what unfolded in court.

A man is likely to be deported after ‘”shameful, irrational, violent” and “simply horrible” attacks on two “defenceless” victims.

A puppy and his pregnant partner.

Shaye Mitchell Henry, 24, pleaded guilty in Rockhampton District Court to a number of offences including common assault, assault occasioning bodily harm and serious animal cruelty.

He is also alleged to be involved with the October prison riot at the Capricornia Correctional Centre.

The court heard Henry owned a kelpie cross sheepdog that was between six and 12 months old when it was subject to his “gutless, cowardly conduct”.

The abuse of the puppy started at Henry’s Moura home on May 29 in 2020 when the dog ate some of his food before he “responded angrily”.

Henry pinned the dog to the ground and punched it causing the pup to yelp in pain, before throwing the dog from hip height towards a set of stairs and it yelped again.

But the assault on the terrified pup didn’t stop there.

The neighbours could hear Henry’s kelpie cross sheepdog yelping from pain while he attacked it.

As the dog ran up the stairs Henry chased it and caught it again before throwing the pup down the stairs, the dog again tried running away and was chased by Henry who was yelling ‘don’t steal my dinner’.

The incident was heard by neighbours, who pleaded for Henry to stop, and witnessed by his partner.

The court heard the dog was assaulted “regularly” and would be punched between two and 10 times every few days, and the dog would yelp in pain each time.

On December 14, 2020 Henry picked the dog up and threw it into a railing because it was barking.

The incident was again witnessed by his partner and the dog was then seized into the care of the Banana Shire Council in February 2021.

The court heard that after the March incident Henry was charged with wilful damage and public nuisance which he received suspended sentences for.

The serious animal cruelty charge breached the suspended sentences.

Judge Jeff Clarke asked crown prosecutor Maryam Yousufzai if there was an application for a prohibition order so Henry could no longer be a “cruel thug” to any animals in his ownership.

Ms Yousufzai said the charge was under the criminal code and believed such orders were issued under the Animal Care and Protection Act and there was no application for the order.

But the puppy wasn’t the only one subjected to Henry’s violent behaviour.

On December 14, 2020 Henry and his pregnant partner, 23, had an argument where he accused her of cheating on him.

Despite her attempts to assure him she hadn’t, Henry became angry and pushed the TV in their room off the edge of the dresser where it had been sitting.

The TV hit the victim in the back causing her pain.

She later went to bed but was woken by Henry pouring water on her head saying “it wasn’t fair she was asleep” when he “had all this s--- going on” in his head.

Shaye Mitchell Henry was sentenced in Rockhampton District Court for serious animal cruelty on his own puppy and domestic violence assaults on his pregnant partner.

He sat on top of her chest and held her down by her wrists and hit her with an open hand in the face and continued to yell at her about cheating.

The court heard the hitting and yelling went on for up to three minutes.

On February 5, 2021 Henry’s partner had let his cat outside, at his request.

He was drunk and then became angry about her letting the cat out and started threatening to kill her cat.

Henry pushed her into the screen door while she was holding her cat and the animal ran away.

He yelled at her telling her to “stand up for herself”, slapped her in the face and punched her.

Henry then threw a chair at her which splintered before she ran to the neighbours’ place for safety.

He stood outside the house and said “please babe, don’t embarrass me in front of the neighbours”.

The victim went outside thinking he had calmed down and took his hand walking with him, before he threatened her saying “you shouldn’t have done that” and tripped her causing her to fall to the ground.

When police arrived and Henry was being arrested, he instructed his partner not to say anything to police.

Ms Yousufzai told the court Henry had a criminal history which included a history of violent offences, including an AOBH from 2018.

She said due to Henry’s poor performance on previous community based orders he was not suitable for them in future.

Ms Yousufzai tendered a victim impact statement from Henry’s former partner which said she was “emotionally traumatised” and at the time of the offending she realised she would be a single mother.

The statement also outlined how the victim had to sign over the bond to their home because of damage caused by Henry and she was put off ever entering another relationship after what she went through.

Henry’s barrister Jordan Ahlstrand told the court his client was likely to be deported as he was born in New Zealand.

Mr Ahlstrand said while his client had more than 400 days of declarable pre-sentence custody, Henry would still be held on remand after being charged with his alleged involvement in the October prison riot.

He said Henry’s mother had offered him a place to stay in Moura on his release.

Mr Ahlstrand said Henry had no contact with his father, and he claimed his mother’s partner was abusive when he was growing up.

He said Henry had abused drugs and alcohol and since being in custody the “forced abstinence” had motivated him to be committed to getting clean.

Mr Ahlstrand said his client had also engaged with prison mental health services while on remand to assist him with his depression, bipolar and suicidal ideations.

Judge Clarke described Henry’s offending as “shameful, irrational, violent and simply horrible” conduct.

He noted Henry had a “considerable” criminal history for someone his age.

“Your victims were defenceless to your unpredictable and illogical, gutless, cowardly conduct,” Judge Clarke said.

“A puppy and your pregnant partner, a small dog and the young woman who is now left to raise your child by herself.”

Judge Clarke took into account Henry’s plea of guilty and history when deciding his sentence.

He also took into account Henry would still be on remand for his alleged involvement in the riot and would also likely be deported back to New Zealand upon his prison release.

Henry received a head sentence of two years and three months imprisonment, with other sentences to be served concurrently.

A six month suspended sentence from a previous offence was also activated in full.

Presentence custody of 482 days was declared as time already served and the rest of the sentence was wholly suspended for an operational period of three years.