Hughenden farmer John Wallace sentenced in Townsville Magistrates Court for stealing $30k of cattle

A man who stole at least $30,000 worth of livestock from a neighbouring property claimed he was getting back at the nearby cattle farmer.

Hughenden farmer John Wallace sentenced in Townsville Magistrates Court for stealing $30k of cattle Picture: Zoe Phillips

An elderly farmer has narrowly avoided jail time after he stole thousands of dollars’ worth of cattle from a neighbouring property out of the belief that his neighbour had taken and sold his livestock previously.

John Wallace appeared in Townsville Magistrates Court Tuesday morning with his adult children accompanying him at the back of the courtroom.

Police prosecutor Lennon Stathoulis said between 2019 and 2022 near Hughenden the 73-year-old kept 27 cattle which included nine calves, a micky, two steers, a bull and 14 cows hidden on his property after they moseyed over from a neighbouring cattle station.

The offending came to light when the cattle station’s manager came to Wallace’s paddock to return stray animals and noticed the branded cattle, the court was told.

Mr Stathoulis said Wallace returned a couple of the animals however when asked if he had any more on the property, declined.

Magistrate Cathy Mclennan who has experience mustering in the region said the value would have been at least $1000 per head back in 2022.

“We’re looking at, at least $30,000,” she said.

Mr Stathoulis highlighted the offending was hard to detect and that Wallace deliberately lied to people when asked about the livestock; he also said that police when investigating the matter intercepted some sales of the livestock.

“He moved some of the cattle to remote parts of his property so the complainant couldn’t identify those cattle,” he said.

In terms of motivation, Mr Stathoulis said Wallace believed his neighbour had stolen his cattle and sold them to meatworks, and was stealing the cattle to the value he believed he was owed.

Wallace’s neighbour is not charged with any wrongdoing.

Picture: Zoe Phillips

A psychiatrist report was submitted to the court which outlined the lack of insight into the offending Wallace showed.

“He sees himself in the right given his perception that the complainant wronged him by stealing and killing his cattle,” the report said.

“His judgement and insight were limited; he believed in the righteousness of his views.”

When comparing a similar case in court, Mr Stathoulis sighted the remarks of a previous judge.

“Anybody that has grown up in a rural community knows how this sort of behaviour strikes at the heart of trust which one would hope is the absolute baseline of all rural living,” he said.

“You rely on the honesty of your neighbours and those who pass through the land or live on it or work on it.”

Defence barrister Harvey Walters instructed by Connolly Suthers Lawyers said his client who had no criminal history gave a “fragmented narrative”.

Mr Walters said the psychiatrist report also noted Wallace may have emerging executive dysfunction and could be developing a neurocognitive disorder and it was due to obtaining the psychiatrist report to ensure Wallace was fit to plead that it took time to arrive at sentencing.

“The cattle have come into his place in the wet season,” Mr Walters said.

“He should have rung his neighbours and returned them.”

Magistrate Mclennan said the man was old enough to know better.

“This was a very deliberate, foolish idea,” she said.

“Not only were you moving the cows, you offered the calves for sale at a sale yard.

“You’re very fortunate that you’re not going to jail today.”

Wallace pleaded guilty to four counts of stealing livestock.

He was sentenced to 12 months jail, wholly suspended for two years and ordered to pay compensation of $5000 and pay the proceeds of the sale, $2039.57 to the complainant.

The remainder of the cattle had been returned to the original property.

Originally published as Hughenden farmer John Wallace sentenced in Townsville Magistrates Court for stealing $30k of cattle