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 Cowardly and cruel but not jail-worthy 

Cowardly and cruel but not jail-worthy

9/05/2008 9:26:39 PM
A Brisbane teen who kicked a pet kitten to death in a "savage outburst" of aggression has walked free from court after winning an appeal.Shane Moore, 18, was jailed for a month over the attack on three-month old tabby Bubbles at a Narangba park, north of Brisbane, in June 2006.However a District Court judge today ruled the punishment had been too harsh.Instead, Moore, who pleaded guilty in November last year to one count of animal cruelty, will serve just 18 months probation.The decision has drawn the ire of the RSPCA which investigated the incident.Outside court, RSPCA chief inspector Michael Pecic said allowing Moore to walk free sent the wrong message to the community that harming animals was not a serious offence."I'm extremely disappointed," Mr Pecic said."The RSPCA felt the original decision (to jail Moore) was just."We need to send a clear message to the community that this is not tolerated."The court heard Bubbles had wandered from her home into the park and was kicked twice by Moore after she rubbed against his leg in search of affection.He later told investigators he had first patted the kitten, but then decided he wanted "to get rid of it".The blows ruptured Bubbles' kidneys and liver and she died soon after.At Moore's original November 7 hearing, a furious Caboolture Magistrate Peter Hasted described the young man's actions "savage" and "perverse".But in allowing the appeal today, Judge William Everson found jail was not appropriate because there was no evidence Moore had intended to kill Bubbles."Although the conduct of (Moore) towards the kitten was cowardly and cruel in the circumstances, the charge upon which he was sentenced and the facts surrounding the offence put before the learned acting Magistrate did not justify the sentencing remarks," Judge Everson said in his written judgement."The need for a deterrent does not justify a custodial sentence."His savage and aggressive outburst which resulted in the death of the kitten was such that he may well benefit from probation so that he can learn to address the cause of the behaviour which had brought him before the court in such distressing circumstances."Moore did not show up to the hearing this morning, where his criminal conviction was also quashed.Mr Pecic said the 18-year-old had been unrepentant."He's shown very little remorse for any action he took," Mr Pecic said.
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