Darren Lee Jolley was in July 2017 found guilty at Emerald Magistrates Court of breaching a duty of care owed to his dog, after police found images of him engaged in six minutes of non-penetrative interactions on a mobile phone seized during a search.
He was initially charged with bestiality but was ultimately convicted of inappropriately handling an animal.
In January, Jolley launched an appeal in the Brisbane District Court, arguing welfare laws did not protect an animal from behaviour that it was not harmed by.
“Whatever opinion one might have about the conduct in question, it doesn’t constitute an offence against the law of Queensland,” his barrister Simon Hamlyn-Harris submitted.
“It really needs to be conduct which in some way affects the welfare of the animal…(the law) is not directed at what might well be regarded as immoral or unacceptable”
But on Monday his appeal failed.
“Even if the dog was an enthusiastic participant, the appellant’s conduct fell so obviously below appropriate handling that it is beyond doubt that it breached the duty of care laid down,” Judge Leanne Clare wrote in a judgment handed down on Monday.
“This dog was handled in a way that would be repugnant to the vast majority of our community. The appellant’s actions and omissions violated a strong and long-standing taboo.”
She said a reasonable person would have moved quickly to chase away the dog or end the interactions.
A Central Queensland man who filmed himself having sexual interactions with his puppy has failed in a bid to overturn his conviction on the grounds it didn’t harm the animal.