A Branxholm man who had sexual intercourse with female goats on two separate occasions avoided a jail term when sentenced in the Supreme Court in Launceston.
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Jacob Heatlie Johnston, 21, pleaded guilty on September 29 to two counts of bestiality committed on June 10 2022 and November 3 2022.
In the plea hearing the court heard that a witness heard a goat screaming for two to three-minute intervals when Johnston attacked it.
The witness was staying in a motorhome near an amenities block at Branxholm when he saw a man in black clothing pushing something he thought was a dog.
He heard a screaming-type noise that he had never heard before.
"I sat on my bed, and the screaming would stop and start over a long period for two to three minutes at a time," the witness said.
He said that at about 4 am, he looked out and saw an animal shoot out of the amenities block.
"F---me dead, it's a goat," the court heard that the man said.
A veterinary examination found the goat had a swollen vulva and vaginal wall.
On November 3 2022 a Branxholm resident Nicole Smith heard her dogs bark at about 1.30 am.
At 8.40 am, she found the family's female goat Cookie with a swollen and bleeding vagina.
A veterinary surgeon found the goat hunched over with an oily substance on its coat.
The finding of Johnston's DNA led to his arrest on the earlier offence.
In sentencing Justice Robert Pearce acknowledged public outrage and calls for Johnston to be imprisoned.
He said it would not be fair and just to send Johnston to prison and would be a disproportionate response.
Justice Pearce said Johnston had been subject to significant deprivation and hardship during his life including physical and sexual abuse.
He said a report by psychologist Georgina O' Donnell found he had an impaired ability to use judgement because of a constellation of factors including use of methylamphetamine which caused sexual recklessness. There may also have been a paraphilic disorder.
Justice Pearce said he could find only two previous cases of bestiality in Tasmania in 1996 and 2002.
He said general deterrence was not a factor in sentencing because there were very few members of the community who required deterring from having sex with animals.
He said Johnston had been shamed and humiliated independent of the court proceedings with public opprobrium likely to last the rest of his life.
"He is socially ostracised and his friends have turned their back on him," he said.
Justice Pearce said that while animal welfare was important animal cruelty was not Johnston's motive.
He said animal cruelty should be distinguished from cruelty to human beings.
Justice Pearce said the community interest would be better served if Johnston was engaged in therapeutic programmes rather than the damaging influences of prison.
"Imprisonment would be particularly damaging in the defendant's position," he said.
He ordered compensation order of $329 in favour of goat owner Nicole Maree Smith and to second owner Stephen Hemphill.
He said he was not satisfied that there was no chance Johnston would offend again and ordered that his name be placed on the sex offender's register for five years.
The head sentence was a community correction order for two years which required him to do programmes and commit no imprisonable offence.
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Nick Clark
I am the Supreme and Magistrates Court reporter for The Examiner. My journalism career has clicked over 34 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for The Examiner. My journalism career has clicked over 34 years and encompasses four different spells at Tasmanian newspapers.
