He faces seven convictions, including two for ill-treatment and five for neglect
The High Court has revised the sentence for a defendant previously convicted of 30 charges related to animal neglect, reducing it to 72 hours of community work per charge and a two-year disqualification from owning horses.
The court originally sentenced Colin Evans to 160 hours of community work for all 30 charges. It also ordered Evans to pay $16,909.12 towards prosecution costs and disqualified him from owning or controlling horses for seven years. The court upheld seven of the convictions, setting aside the other 23.
Given the reduced number of convictions, the High Court reassessed the sentences. Under s. 236 of the Criminal Procedure Act 2011, the court considered adjusting sentences when some convictions are overturned while others remain.
The court had initially justified a six-month imprisonment as a starting point, later converted to 180 hours of community work due to Evans' lack of prior convictions and good character. The High Court needed to determine an appropriate sentence for the seven remaining charges, reflecting the seriousness and culpability involved.
The seven convictions included two for ill-treatment and five for neglect under the Animal Welfare Act 1999. The charges involved horses suffering from severe hoof and dental neglect, causing significant pain and requiring extensive corrective treatment.
The Society for the Prevention of Cruelty to Animals (SPCA) argued for a starting point of 120 hours of community work, emphasizing the harm caused by Evans’ neglect and his lack of remorse. They also recommended reducing the disqualification period to two years.
Evans’ counsel suggested reducing the community work to 40-45 hours, noting the lesser number of horses involved and the absence of allegations of physical abuse. He proposed reducing the cost award to $2,000 and the disqualification period to one year.
The High Court agreed that the gravity of the offending was now at a medium to low level, as it involved neglect rather than deliberate abuse. However, the court noted Evans' persistent failure to care for the horses and lack of responsibility for his actions.
The High Court reduced the starting point from 180 to 80 hours of community work, applying a ten percent discount for mitigating factors, resulting in 72 hours of community work for each charge. The court also adjusted the costs order to $7,000, reflecting the reduced number of convictions. Additionally, the disqualification period was set to two years, starting 24 August 2023, rather than the original date of the horse seizure.
The High Court's revised judgment imposed 72 hours of community work per charge, a $7,000 contribution to prosecution costs, and a two-year disqualification from owning or controlling horses.
