Michael Johns guilty of animal cruelty at Dungog, bail application refused ahead of appeal
The 37-year-old Dungog farmer will have to stay behind bars for a least a few more weeks before a severity hearing in the district court, after he was jailed last week for running down a pregnant cow and slitting its throat
Newcastle
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A Magistrate who sentenced a Hunter farmer to jail for a “gross act of animal cruelty” when he mowed down a pregnant cow with his car before he slit its throat and left it to die, has refused his bail application after he filed a notice of appeal in the district court.
Michael Kevin Johns, 37, will have to remain behind bars until a severity appeal in coming weeks after Raymond Terrace Magistrate Brett Shields said his sentence almost a week ago was “appropriate” for the crime he pleaded guilty to.
He was sentenced to 16 months jail with a non-parole period of 10 months and five days, which means he’ll be eligible for release in August next year.
Last week the court heard horrifying details of how Johns said he liked to “kill stuff slowly” referring to the animal which was left to suffer for more than four hours on his property at Brookfield, near Dungog in December last year.
Police facts said a number of Australian lowline heifers from neighbouring land, had wandered on to Johns’ property before he targeted a neighbours family pet cow which was four months pregnant, by running it down with his Toyota Landcruiser, breaking its leg.
He then took a pocket knife and slit a six inch deep gash into the animal’s throat leaving it in “considerable pain” for several hours, allowing his Maremma dogs to maul and attack the animal.
It wasn’t until more than four hours later the distraught heifer’s owner euthanised the animal, putting an end to its suffering.
Mr Johns pleaded guilty to torture, beat and seriously injure an animal and failing to prevent his dogs from escaping. Four other charges were dropped which included torture, beat and cause prolonged suffering to animal, commit an aggravated act of animal cruelty, dog attacks due to owner’s reckless act and fail to prevent a dog from escaping relating to occasions in January and February.
He also pleaded guilty to one charge of failing to provide veterinary treatment for a Maremma sheepdog puppy, where the animal was found to have poor body condition and intestinal parasitism.
In Raymond Terrace Local Court on Monday Johns’ solicitor said he had sought a supplementary report which showed a “much stronger” causal link between his diagnosis of adjustment disorder and the offending.
“It does change the landscape in the district court proceeding, the evidence is strong to make that casual relationship and that moral culpability is reduced,” he told the court.
“It’s well on cards the district court might dispose of this (sentence) for an ICO (intensive corrections order).
He offered up strict conditions, which included living with his mother, but Magistrate Shields wasn’t convinced, refusing his application for bail.
“On the day of sentencing, I gave significant reasons for full time custody,” he said.
“It was just a gross act of animal cruelty and disregard for animal welfare.”