A Tasmanian dairy farmer who sold close to 300 cows that were not his to sell did so in a desperate attempt to save his failing dairy operation, a court has heard.
A Tasmanian dairy farmer who sold close to 300 cows that were not his to sell did so in a desperate attempt to save his failing dairy operation, a court has heard.
Peter Whynn Jones has been sentenced for stealing 255 cows worth $350,000 between 26 May 2019 and 10 January 2020.
The Honourable Justice Robert Pearce told the Supreme Court that Jones, originally from the UK, had moved to Tasmania in 2012 with his wife and young family to start dairy farming,
In 2017, Jones entered into a share farming agreement but faced numerous challenges including drought, a salmonella outbreak and low prices.
“Motivated by pride, desperation and a misguided wish to attempt to recover your losses you attempted to continue the business.”
Jones sold the cows, which belonged to three different owners, with the belief that he could somehow recover the stock later “in some undisclosed way, perhaps through breeding.”
Out of the stolen cows, 203 with a lease agreement value of $279,000 belonged to Moo & You, 32 with a lease agreement value of $44,800 were owned by Wrights Construction Pty Ltd and 20 were owned by Mr Saltmarsh with a lease agreement value of $25,600.
242 of the cows were sold for slaughter between July 2019 and February 2020 for just under $189,000, a significantly lower amount than they would have got if sold they had been sold as productive dairy cows.
Justice Pearce noted “none of the sale proceeds were preserved”, with the money going straight to Jones’ company.
“On whichever basis the value of the cows is assessed, your crimes involve a very considerable loss to the owners.”
“All of the money went either to pay continuing business debts or your personal expenses or in the very substantial administration fees which were incurred upon the failure and winding up of your business.”
Some cows, albeit a “relatively small number” were returned to Mr Saltmarsh and to Moo & You.
Despite the extensive dishonesty, Jones received a 15-month home detention order due to mitigating factors such as a lack of prior convictions, personal financial ruin and steps taken to address his alcoholism and mental health issues.
He was also ordered to pay compensation to each of the victims of his theft.
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