Penguin killer Joshua Jeffrey awaits ruling on DPP’s appeal against his sentence

UPDATED: A JUDGE has boosted the sentence handed to a man who bashed six little penguins to death on a beach in North-West Tasmania.

Joshua Jeffrey, pictured outside the Burnie court on a previous appearance, has diminished intellectual capacity. Picture: CHRIS KIDD

UPDATED: A TASMANIAN man who bashed six little penguins to death on a beach has had his original sentence set aside, with a Supreme Court judge saying it did not reflect community anger and changed attitudes to animal welfare.

Justice Stephen Estcourt today ordered Joshua Jeffrey to carry out twice as many community service hours as originally given — increased from 49 to 98.

Jeffrey, 20, of Burnie, was also sentenced to two months in prison, which was suspended on the condition he commit no offence punishable by jail in the next 12 months.

Justice Estcourt told the Supreme Court in Burnie it was important Jeffrey’s crimes were denounced.

“Community attitudes are important in this case,” he said. “The original sentences shocked the public conscience”

Justice Estcourt said the sentence needed to reflect the increase in penalties for such offences under Tasmanian law and changed attitudes to animal cruelty in the community.

“Denunciation is paramount in this case. The nature of offending is such that a suspended sentence is called for and coupled with a significant amount of community service,” he said.

Birds Tasmania’s Eric Woehler said he welcomed the review and upgrading of Jeffrey’s original sentence.

“But I suspect the upgraded punishment would still not be a deterrent to others intent on injuring or killing our precious wildlife. However, the suspended jail sentence is a welcome addition,” Mr Woehler said.

On January 1, 2016, Joshua Jeffrey was drinking with two others on the beach at Sulphur Creek when he bashed six little penguins to death with sticks.

Autopsies showed the birds suffered fractures to the skull.

The court was told bystanders had asked Jeffrey and another young friend to stop their attack but it continued.

Jeffrey pleaded not guilty to two counts of animal cruelty and one of taking protected wildlife.

There was outrage from the community and animal welfare groups last year when Burnie Magistrate Tamara Jago convicted Jeffrey and sentenced him to 49 hours community service.

He was also liable for a fine of $82.

The Director of Public Prosecutions appealed against the sentence on the grounds it was inadequate.

EARLIER: A JUDGE is set to decide whether the sentence handed to a man who killed six little penguins on a beach in North-West Tasmania is adequate.

Justice Stephen Estcourt has already told the Supreme Court in Burnie he is not intending to impose an actual term of imprisonment on Joshua Jeffrey when he returns with his decision early this afternoon.

In June this year, there was outrage from members of the community and animal welfare groups when Jeffrey was given work orders and fined about $80 after being convicted of animal cruelty offences.

MORE: SUPPORT FOR DPP’S APPEAL AGAINST SENTENCE

The Director of Public Prosecutions then lodged an appeal against the sentence on the grounds it was “manifestly inadequate in the circumstances of the case”.

MORE: 49 HOURS OF COMMUNITY SERVICE FOR KILLING PENGUINS

In sentencing, Magistrate Tamara Jago found Jeffrey had diminished intellectual capacity.

His defence lawyer Greg Richardson again argued that point in this morning’s hearing in the Supreme Court in Burnie.

On January 1, 2016, Joshua Jeffrey was drinking with two others on the beach at Sulphur Creek when he bashed six little penguins to death.

While Magistrate Jago called it a “callous act” against vulnerable animals, the 20-year-old was sentenced to just 49 hours of community service.

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