Terrigal: Donald William Cox, 45, jailed for fatally throwing kitten against a fence during a fight

A man slammed a box of kittens on the ground and threw one against a fence before carrying around its lifeless body during a fight with his flatmate, a court has heard.

A man was jailed for a minimum of eight months for throwing a six-week-old kitten, similar to these pictured, against a fence. Picture: File image

A man has been jailed for animal cruelty and intimidation after he slammed a box of kittens on the ground and threw one against a fence in an argument about his flatmate taking the litter to the pound.

Donald William Cox, 45, of Terrigal, faced Gosford Local Court on Thursday when he pleaded guilty to two counts of intimidation and two counts of animal cruelty.

An agreed set of facts states Cox had a white cat, which gave birth to a litter of five kittens late last year.

But when he called an animal welfare organisation about taking them and was refused, he hatched a plan to get his flatmate to take them to the pound and say she found them, according to the facts sheet.

Cox and his flatmate, who is not accused of any wrongdoing, started arguing in the backyard of their share house about 1.30pm on December 20 when she started feeling “uncomfortable” about the idea.

Cox faced Gosford Local Court on Thursday. Picture: NCA NewsWire/David Swift

Cox went inside and came out holding a canvas box with the five six-week-old kittens inside.

“The argument escalated and the accused, while holding the container put it above his head and in a throwing motion, slammed it on the concrete ground, causing the kittens to make distressing sounds,” the facts state.

“The accused yelled words to the effect of ‘see now it has come to this’.”

Cox threw the box of kittens on the ground causing them to make “distressing sounds”. Picture: File image

The victim said she would taken them to the pound and asked him to leave them alone but Cox replied “it’s too late” and picked up one of the kittens.

“The accused threw the kitten approximately 8m, using an over arm throw, across the back yard. This has caused the kitten to impact with the east side boundary fence and land on the concrete.”

A neighbour was watching the argument from their window and ran into another room to call the police.

Cox’s flatmate also said she was going to call police so Cox snatched her phone out of her hand, telling her “I will f--king kill you if you call the police” before retrieving the kitten.

Cox had the kittens in a canvas box and threw one against a fence. Picture: File image

He then ran towards his flatmate and pretended to throw the kitten at her yelling “look at what you made me do c--t”.

Cox followed his flatmate into her bedroom with the kitten in one hand and her phone in the other.

“At this stage the kitten had blood coming from his face, its eyes were closed and was not showing any signs of life,” the facts state.

His flatmate said she would not call police if Cox gave her phone back, which he did, and she left the house.

Police spoke to the neighbour and waited for Cox who had also left the house but came back about 6.30pm.

He denied hurting any of the kittens and said he gave them to a friend but refused to say who that person was.

He was charged two days later with animal cruelty and intimidating his flatmate.

The court heard while on bail, Cox moved into another share house at Tumbi Umbi where his new flatmate sent him a text in February telling him to clean up after himself because he was urinating on the floor around the toilet and leaving dirty dishes in the sink.

The court heard he told her it was her mess and called her a “dog” believing she had gone through his things.

She told him to get out and not come back and he sent her a series of threatening messages that culminated with “when I come to fight it will be to the death”.

A week later he sent more messages.

“If any of my s--t has been touched I’ll make sure your kids don’t have a home to come home to, you will not be treating me like an idiot you f--king dog. I have nothing to lose you have everything to lose,” he messaged her.

“I’m getting my s--t today and if anything is missing I’ll end you and any other f--king dog that thinks they can interfere.

“If all my s--t isn’t there, today is the last day you get to breathe air c--t”.

That flatmate reported the threats to police who arrested Cox on February 19 and charged him with intimidation.

Magistrate Kirralee Perry convicted him of all four charges and sentenced him to 14 months jail with a non-parole period of eight months.