A Hunter Valley grandfather has been spared jail after he threw a live chicken into an alligator pen at a wildlife park.
Peter William Smith will instead serve his nine-month sentence in the community after pleading guilty to an act of aggravated animal cruelty.
Smith took Betty White the silky bantam from its enclosure at the Oakvale Wildlife Park in Port Stephens in January.
He then threw it into a nearby alligator enclosure where the chicken was killed.
He was sentenced in Raymond Terrace Local Court on Wednesday and in addition to an intensive corrections order, Smith must complete 100 hours of community service work.
In handing down the sentence, Magistrate Justin Peach said while Smith did not have a criminal record, there needed to be a degree of “specific deterrence” for any future offending.
“You made a grave error and your attitudes in terms of domesticated animals need significant reflection,” he said.
The court heard Smith retrieved the chicken, placed it inside his shirt and walked to the reptile exhibit before throwing it into the pond where the alligators were.
It heard one of the alligators snapped the chicken in its mouth, killing it, in front of a number of visitors.
The incident was captured on CCTV.
“It appears to be an act that was committed for the offender’s viewing pleasure,” Magistrate Peach said.
“I draw that conclusion because of the circumstance where he spirited it under his shirt, took it over to the enclosure, and then watched as the alligator ate the animal.”
Farming background
Smith’s defence lawyer, Bryan Wrench, said the grandfather had grown up on farms and was used to catching and killing animals for consumption.
“He’s desensitised to chickens, he views chickens as food and as consumption,” he said.
“He’s seen the alligator, he thought it was okay to feed it.
“He’s obviously quite remorseful.”
In responding, Magistrate Peach said farmers were some of the most ardent supporters in making sure animals were well treated.
“They are some of the [most] conscientious individuals in looking after the welfare of their animals,” he said.
Mr Wrench mentioned the possibility of it being the alligator that enacted the animal cruelty.
“You would be wise not to advance that argument today,” Magistrate Peach responded.
‘Callous’ act
Oakvale Wildlife Park owner Kent Sansom said Betty White had been hand-reared for a breeding program and picked for her gentle nature.
He said in 45 years of running the park, he had never experienced an incident like this.
“I think it’s just callous and an act of cruelty,” Mr Sansom said.
Mr Sansom said the comments made in court were “disappointing” and a “total disregard for the welfare of animals”.
“I’m a country guy as well and I would never treat an animal like that,” he said.
Smith cannot commit any offence while subject to the intensive corrections order and will be supervised by a community corrections officer.