- June 04, 2014
A BOY has lost is appeal against his conviction for his part in killing a Little Penguin.Justice Shan Tennant made her judgment after the boy was found guilty in July last year following the deaths of two Little Penguins in Tasmania. He was found guilty on the basis that he aided or abetted the main offender, who did the kicking of the penguins.
The magistrate who found him guilty last year determined that: “Even if I am wrong as to the fact that he did not say anything to [the main offender] along the lines of telling him to stop, the defendant continued to be involved in the laughing and shouting and running after the penguins, and I am satisfied that his actions then after the killing of the first penguin, can be regarded as aiding [him] to kill the second penguin.
“This activity was only brought to a conclusion by the actions of the adults intervening. I am therefore satisfied beyond reasonable doubt that he is guilty of the charge as to one penguin only, being the second penguin killed.”
There were three boys present at the scene. Witness included a couple who had been holidaying in Tasmania who had gone to the beach to watch the Little Penguins come ashore. The man said he saw three boys running around, yelling and screaming with lights flicking, and described the group as “pack mentality”. He said he saw the boys harass at least three groups of penguins. As soon as he saw the boy kick the penguin, he began running towards them.