A 20 year old Tasmanian man has been charged with 49 hours of community service and a fine of $82.15 in court on Monday for killing nine penguins with a blunt object.
On January 1 2016, Joshua Leigh Jeffrey attacked the penguins at Sulphur Creek. Pathology reports showed fractures to the heads of six of the nine birds consistent with a blunt object.
Magistrate Tamara Jago said it was a “callous act”, whilst Convener of BirdLife Tasmania Eric Woehler said it would take the penguin colony years to recover from the brutal attack.
Dr. Woehler added “The current penalties are clearly failing to prevent the cruel and senseless killing of wildlife in Tasmania. There is no deterrence in this sentence.”
During sentencing, the magistrate stated that although the initial act was “spontaneous”, there was time to reflect on the brutality of the behaviour during the attack.
Evidence was given by three different youths that they witnessed Jeffrey attacking the penguins. The defence attorney argued they were pushing blame onto Jeffrey who was not there when the attack took place.
A police lawyer referred to a conversation with one of the youths where he said “they would hit any penguin they saw.”
No evidence of drug use was found, however Jeffrey and other youths had been drinking before the attack.
A psychological report showed the defendant had a processing disorder, attention deficit hyperactivity disorder and intellectual development disorder. This was taken into account during sentencing.
The impacts of these disorders were likely to be more pronounced at the age of 18 – Jeffrey’s age during the attack.
The trial and following sentencing has raised questions about whether punishment for acts such as these should be higher. Dr. Woehler told the court “With so many other threats, such as gill nets and dog attacks, the last thing any penguin colony needs is a senseless and cruel attack such as this one was,”
