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When assessing Peter Smith’s appeal regarding the harshness of his sentence for animal cruelty, Judge Timothy Gartelmann noted that the New Zealander initially lacked awareness of the seriousness of his actions, but has since come to understand the wrongdoing.
The judge granted Smith’s appeal in Newcastle District Court on Friday, reducing his sentence to a $2000 fine but maintaining his conviction.
Betty White played a vital role in the park’s endangered species breeding program providing surrogacy to chicks.
The magistrate said park staff had been distressed over the chicken’s fate and he viewed the offence as just above the mid-range of animal cruelty.
On Friday, Judge Gartelmann characterized Smith’s actions as “relatively serious,” highlighting the cruelty involved in the circumstances of Betty White’s death.
He allowed Smith’s appeal, acknowledging the remorse Smith had demonstrated, along with his completion of community service and over four months under an intensive correction order.
The judge pointed out a psychological report revealed Smith was worried about the ramifications at his local church over what he had done and had subsequently suffered a generalised anxiety disorder.
A sentence assessment report also mentioned Smith telling a community corrections officer he remembered thinking at the time he might have gone too far when tossing Betty White to its death.
Judge Gartelmann added he did not think maintaining Smith’s conviction would jeopardise his fresh application for Australian citizenship.
Smith refused to comment outside court.
