Dog killer takes crack at publican
A MAN who killed his neighbour's dog by stomping on its head three times has proven right a sentencing judge's concern the defendant would one day harm a human.
The defendant got into a fight with a pub manager.
Lou William Daniel, now 28, was sentenced five years ago by Rockhampton's Judge Burnett for killing his Theodore neighbour's dog. He received a six month suspended prison term which was operational for three years.
The operational period was extended a further nine months after Daniel was busted with knuckledusters in 2016.
Last month, Daniel was back before the Rockhampton District Court for breaching the suspended sentence yet again - this time for a physical fight with the Cracow Pub manager.
Crown prosecutor Ryan Godfrey said Judge Michael Burnett commented during his sentencing of Daniel back in December 2015 that given the violence Daniel imposed on the defenceless dog, he was concerned Daniel would one day harm a human.
Mr Godfrey said the original offending involved Daniel, who had been drinking at the Theodore pub all night, being found by an associate of Daniel's neighbour in the neighbour's backyard.
He said when the associate asked Daniel what he was doing, Daniel replied he was sick of the dog barking.
Mr Godfrey said the associated offered to take the dog off Daniel but Daniel refused.
"I'm going to kill this dog," the defendant told the associated.
Mr Godfrey said Daniel grabbed the dog by its back legs and swung its head over his shoulders at a pole.
He said the dog was dropped to the ground and it began to twitch.
"The defendant then realised it wasn't dead and stomped on its head three times, killing it," Mr Godfrey said.
He said Daniel was charged for drunk and disorderly two months after the first breach of the suspended sentence over the dog killing.
Mr Godfrey said Daniel had also been charged for wearing a prohibited shirt of a motorcycle gang, and more recently, common assault for a fight he had at the Cracow Hotel with the manager.
He said Daniel and the manager were wrestling on the ground in the pub with punches thrown and injuries including a fractured cheek. Daniel was fined $1200.
Defence lawyer Doug Winning said the manager was also a member of a boxing club and Daniel had told him he wanted a shot at a title.
"My client walked up to him and threw a punch but missed," Mr Winning said.
He said Daniel claimed the fight was 'mutual'.
Mr Winning said Daniel worked fencing the proposed Adani railway line and has a pet now.
He said Daniel was "somewhat ashamed now" of what he did to the neighbour's dog.
Judge Burnett said he was appalled by Daniel's offending back in 2015.
"The common assault is more troubling because it has a common feature of the original offending - violence," he said.
Judge Burnett activate three months of the six month suspended sentence with immediate parole.