Case Details

Kitten run over, stomped on, beaten with stones
Old Toongabbie, NSW (AU)

Incident Date: Sunday, Jan 16, 2005

Disposition: Convicted
Case Images: 1 files available

Defendants/Suspects:
» 15 year old boy
» 15 year old boy
» Christopher Leigh Herreros

Case Updates: 3 update(s) available

Case ID: 4305
Classification: Kicking/Stomping, Beating
Animal: cat
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A 15-year-old from Old Toongabbie who allegedly tortured a kitten at a Sydney railway station pleaded guilty today to aggravated cruelty to an animal. The boy was one of three youths accused of the attack on an eight-week-old kitten at Seven Hills railway station on January 16.

The kitten's leg was broken after it was twice run over with a bicycle, stomped on and stoned. It also suffered a range of internal injuries.

The teen, who cannot be named, today pleaded guilty in Cobham Children's Court and was ordered to attend youth justice conferencing to negotiate an appropriate penalty for the offence.

The matter will return to the same court on May 18, when a magistrate will either approve or request changes to the proposed penalty.

Magistrate Terry Murphy excused the youth from appearing in court on the next occasion.

Another 15-year-old was released without charge subject to youth conferencing in January over the attack, while an 18-year-old was granted bail to appear in Blacktown Local Court.

Case Updates

A Sydney man who tortured a kitten before leaving it for dead on a railway track will serve his prison term in a rehabilitation facility.

Christopher Leigh Herreros, 19, was sentenced in May to four months' jail for torturing the stray eight-week-old kitten on Seven Hills railway station in January.
Herreros pleaded guilty to committing an act of cruelty on an animal, throwing the kitten against a brick wall and running over it with the front wheel of his bike.

He told the court he had consumed six stubbies of beer and six cans of bourbon and coke before the attack and had an alcohol problem.

Two 15-year-olds also involved in the cruelty to the kitten � named Shelley after the police officer who rescued her � have been ordered to attend counselling by the Department Of Juvenile Justice.

Blacktown Local Court magistrate Dennis Burdett today found Herreros, who suffers from attention-deficit hyperactivity disorder, depression and learning difficulties, should serve his sentence by home detention in an approved Salvation Army rehabilitation clinic.

Magistrate Burdett ordered Herreros to serve four months starting today at the Lake Macquarie Recovery Services Centre, and undertake a drug and alcohol counselling program.

Herreros was also previously fined $800 and ordered to pay the RSPCA $277.

Outside the court, Herreros' mother, Sandy Herreros, said her son was very sorry for what he had done and had suffered for his actions.

"If Christopher went to jail he would not survive," she told reporters.

"He would not have lasted in jail so we are really happy he can carry on with rehab."

RSPCA Chief Inspector David O'Shannessy said the verdict sent the message that blatant animal cruelty would not be tolerated.

Shelley has since made a full recovery and is living with her rescuer, police officer Michelle Moy.
Source: News.com.au - July 26, 2005
Update posted on Jul 25, 2005 - 10:46PM 
The decision on home detention will be brought down on July 26, Magistrate Burdett told the court. Two 15-year-olds involved in the attack have been given counselling by the Department of Juvenile Justice.
The kitten, called Shelley, was being looked after by the policewoman who rescued her.

"Shelley is doing very, very well, she does still have a slight limp," a source said.
Source: News.com.au - May 26, 2005
Update posted on May 26, 2005 - 1:23PM 
Christopher Leigh Herreros was sentenced to four months in detention. Herreros was allowed to walk free from Blacktown Local Court yesterday, to be considered for serving his sentence through home detention.

Herreros, of Tregear, pleaded guilty to committing an act of cruelty on an animal � an offence which imposes a maximum of six months' imprisonment and a $5500 fine.

Herreros was clearly captured on CCTV footage riding his bike over the kitten's tiny body in the early hours of January 15.

He later admitted to police he threw the cat against a brick wall before leaving it on the train tracks to die. Shelley suffered a broken leg and internal injuries.

The court heard that Herreros was intellectually impaired and was in the bottom 3 per cent of the population for cognitive reasoning or intellectual ability.

Other documents tendered to the court showed Herreros was clinically depressed, suicidal and suffered acute anxiety.

Magistrate Dennis Burdett said there was no apparent link between the Herreros' problems and the attack.

"It appears his involvement occurred because of excessive alcohol abuse and a desire to fit in with his peers," Mr Burdett told the court.

"This was gratuitous cruelty on a helpless animal and that calls for public denunciation."

Mr Burdett also ordered Herreros to pay an $800 fine, plus court costs, and $277.59 to cover one-third of the medical costs for looking after Shelley.

RSPCA spokeswoman Claire Munro said they were "very happy" with the court decision.

Today the organisation will send a petition signed by 10,700 people to the state's Chief Justice and Chief Magistrate in a bid to get the judicial system to impose tougher sentences on animal cruelty.

Herreros was due to reappear at Blacktown Local Court in July for the detention decision.
Source: The Daily Telegraph - May 27, 2005
Update posted on May 26, 2005 - 12:46PM 

References

News.com.au - March 23, 2005

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