Public outrage and loss of life threats ought to rely as punishment for a person who kicked a canine at a Melbourne anti-COVID-19 restrictions protest, his lawyer has argued.
Stipo Cicak, 42, pleaded not responsible to a cost of animal cruelty after he was filmed kicking a canine at a building business protest within the Melbourne CBD in September 2021.
However a Justice of the Peace discovered he was responsible of aggressive and deliberate cruelty.
Cicak shouldn't be convicted for his actions, as a result of he's a person of fine character who has obtained loss of life threats within the aftermath, his lawyer Samir Banga advised Melbourne Magistrates Court docket on Tuesday.
The assault was captured in a video which was posted to social media and republished within the information media, leading to robust punishment outdoors the justice system, he argued.
Cicak's handle was printed on-line and his life had not been the identical since, Banga stated.
He argued Cicak, who had labored within the building business for 23 years, wouldn't have dedicated the offence if it wasn't for the COVID-19 pandemic.
Development staff confronted a lack of livelihood and a few took it tougher than others, believing that they had extra to lose, he stated.
"He understands he ought to have handled the state of affairs otherwise," he stated.
"He won't do it once more.
In certainly one of seven character references, Cicak's spouse stated he was a person of integrity who would by no means deliberately hurt anybody.
Prosecutor David De Witt described the kick as cowardly and was within the context of a person lashing out in anger.
The sufferer was a leashed and fearful canine who was making an attempt to flee the state of affairs.
"It was an animal that was defenceless and had no means to advocate for itself," he stated.
He stated at no stage had Cicak accepted that he did kick the canine, and when requested if given his time once more he wouldn't kick the canine Cicak had responded that he simply would not be on the protest.
Violence at Melbourne anti-lockdown protests
Placing apart the loss of life threats, he argued having to climate common anger from the group should not mitigate the sentence.
However Justice of the Peace Peter Reardon stated the courtroom needed to be cautious about folks saying no matter they preferred on social media, together with anonymously.
"It appears to be a harmful space for courts to begin going into - social media outrage," he stated.
The offence carries a most penalty of 12 months in jail.
The RSPCA was additionally looking for Cicak pay among the prosecution prices, noting two thirds of its funding comes from public donations, De Witt stated.