An attempt to get an animal cruelty conviction annulled has been rejected by Griffith Local Court. Magistrate Joy Boulos was critical from the outset, describing the facts as "disgusting".
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In February, Danial Jackson was found guilty in his absence after witnesses saw him repeatedly stab a Kelpie cross fatally in the head and stomach with a fence post, in September last year.
Now seven months after his missed trial, Jackson was adamant in appealing his guilty verdict and defending his initial plea of not guilty, claiming his failure to appear was a 'misadventure' due to a drug-induced coma.
The 31-year-old was arrested on September 2 on a warrant, and appeared in court via audio visual link from custody.
His legal representative Angela Cheng agreed it was a "tough, tough sell" yet gave evidence a district court judge had previously accepted a drug-induced state as grounds for a Section 4 application.
You report it to council - you do not do vigilante acts by stabbing a dog with a fence post.
- Magistrate Joy Boulos
Prosecutor Sergeant Jason Dunn said to grant the annulment would be an "injustice to the complainant", and did not think a self-induced drug coma should or could be classified as misadventure.
Magistrate Boulos questioned the veracity of claims Jackson was in fact drug-affected, with his attendance at Wagga Local Court just 11 days prior to his Griffith trial in February.
"There is no material to indicate he was in a drug induced coma," she said before refusing the application.
"He has had seven months to come to court, and now is here because of the warrant."
Upon sentencing, Ms Cheng argued the offence was not serious enough to warrant jail. She said Jackson claimed to have had ongoing troubles with the killed dog before, alleging his children had been bitten.
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"You report it to council - you do not do vigilante acts by stabbing a dog with a fence post," Magistrate Boulos said.
Ms Cheng outlined the father-of-four had a "long-standing" addiction to the drug 'ice'.
She said he had no similar acts of animal cruelty despite his long criminal history spanning back to juvenile court.
Jackson was sentenced to 12 months jail time, eligible for parole March 2020.
He was convicted for failing to appear without further penalty. He has also been banned from owning or having any animals for five years.
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