Pathology evidence showed that six out of nine birds were found with fractures to the head consistent with blunt trauma.

Convener of BirdLife Tasmania Eric Woehler provided a statement of impact to the court. He said it would take years for the colony to recover from the killings.

“With so many other threats, such as gill nets and dog attacks, the last thing any penguin colony needs is a senseless and cruel attack such as this one was,” Dr Woehler said.

“The current penalties are clearly failing to prevent the cruel and senseless killing of wildlife in Tasmania. There is no deterrence in this sentence.”

In sentencing, Ms Jago said that, although the initial act was “spontaneous”, Jeffrey had time to stop and reflect on the brutality of his behaviour during the attack, which lasted for several minutes.

The magistrate took into account a psychological report that said Jeffrey had a processing disorder, attention deficit hyperactivity disorder and intellectual development disorder.

Ms Jago said these psychological and cognitive impairments were likely to be more pronounced at the age of 18, Jeffrey’s age at the time of the attack.

There was no evidence Jeffrey was affected by drugs at the time but he and other youths had been consuming alcohol.

“I accept the defendant experienced community backlash because of what he did,” Ms Jago said.

Jeffrey had pleaded not guilty in the same court in March.

Police lawyer Harry Virs told Ms Jago then that there had been evidence from a male youth that he and Jeffrey both killed penguins with sticks.

“He made reference to a discussion about killing penguins,” Mr Virs said.

“He said they would hit any penguin they saw.”

Mr Virs said there was also evidence from two female youths that they saw Jeffrey killing penguins.

Mr Virs also referred to pathology evidence that said seven penguins had been found with fractures consistent with blunt trauma.

In his closing submission, defence lawyer Greg Richardson told Ms Jago the evidence against Jeffrey from the three youths was from people criminally involved or potentially criminally involved in the penguin deaths.

He said the three youths were trying to push responsibility onto Jeffrey, who was not present when the penguins were killed.

with Sean Ford

The Advocate