Man convicted of dog fighting charge lodges appeal
A KINGSTHORPE man jailed for six months after being found guilty of a dog fighting charge has lodged an appeal in the Toowoomba District Court.
Glenn John Wilson, 50, was found guilty after a trial in Toowoomba Magistrates Court in December last year of supplying a pit bull terrier type dog Pretty Girl for dog fighting, and three charges of breaching of duty of care to three dogs.
The charges stemmed from an RSPCA inspection of his property, between Kingsthorpe and Goombungee, in August 2018.
He had pleaded not guilty to all charges.
On July 17 this year, he was sentenced to six months imprisonment, to be released on October 16 after serving half the sentence, banned from having any breed of dog used in dogfighting, and ordered to pay costs of almost $70,000 arising from veterinary fees, professional and witness costs.
In an appeal lodged by Kennedy Spanner Lawyers, Mr Wilson is appealing against both the convictions and the sentence imposed by Magistrate Graham Lee.
The appeal claims the verdict was not supported by evidence, the verdict was based on erroneous assumptions relating to photos found on the defendant's phone and Facebook accounts, the verdict on one charge was based on an erroneous understanding of the date the injury was suffered, while the verdict on two other charges were "based on an error of law".
In appealing against the sentence, Mr Wilson's lawyer claimed the sentence imposed was "manifestly excessive", the "principle of totality was not considered when constructing the sentence".
He is also appealing the sentence on the basis the discretion not to exercise the power to order costs was not considered, and that "the sentence was on the basis that the defendant supplied an animal for two separate prohibited events, which was not the basis of the finding of guilt".
The appeal will be mentioned in the Toowoomba District Court on September 1.