Dog molester says sex acts with puppy not illegal
WARNING: GRAPHIC CONTENT
A DOG abuser who had a puppy perform sex acts on him says he should not have been convicted.
Darren Lee Jolley's canine sex activities were revealed when police searched his mobile phone.
He had allowed the staffy to clean his genitals after masturbation.
The Blackwater man was fined $500 at Emerald Magistrates Court in July.
A conviction was recorded and he was banned from owning a dog for two years.
A major argument of his appeal against conviction was that whatever opinion one might have about the dog sex acts, they were not an offence against the Animal Care and Protection Act.
Jolley's counsel Simon Hamlyn-Harris told Brisbane District Court the law was "concerned about welfare, not morality".
On Friday, he said Jolley's conduct with the pup was not what the law had in mind when discussing "inappropriate handling".
"The word 'appropriate' is such a broad term," Mr Hamlyn-Harris added.
Queensland Police Service counsel Mark O'Brien said the appeal was wrong, despite the arguably broad wording of the law.
"Obviously the dog can't speak for himself."
The court heard Jolley and his partner were originally charged with bestiality but that charge was not made out.
Instead, Jolley was punished under a section of the act that says a person in charge of an animal owes a duty of care to it.
The court heard debate about what "appropriate" and "inappropriate handling" meant in this context.
Mr O'Brien said the steps a "reasonable" person would take were important when deciding what "appropriate" meant.
Mr O'Brien said Parliament created the law with a broad definition but a court could decide what was considered appropriate.
"It's really a non-workable provision isn't it?" Judge Leanne Clare said.
Whether the puppy suffered harm, pain, discomfort, fear or distress was also discussed.
Emerald Magistrates Court heard Jolley would "handle the pup a certain way by arousing it" and allowed the dog to "nuzzle his anal area".
Judge Clare reserved her decision. -NewsRegional