A man who slaughtered six little penguins at Sulphur Creek in 2016 might soon get the jail time thousands of Australians wanted him to receive.
Joshua Leigh Jeffrey - an 18-year-old North-West Tasmanian resident at the time - and a youth bludgeoned penguins with a stick.
In 2018, Jeffrey was sentenced in the magistrates court to 49 hours of community service.
That outraged many people, and a petition to then-premier Will Hodgman calling for a "more appropriate" sentence received more than 105,000 signatures.
The crown appealed against the sentence.
Later in 2018, Supreme Court Justice Stephen Estcourt imposed a two-month suspended jail term and ordered extra hours of community service.
In sentencing, Justice Estcourt said aggravated animal cruelty "greatly offends the current community's sensitivities".
"A suspended sentence was called for and denunciation of the offending should be coupled by a significant period of community service."
The judge suspended the sentence on condition Jeffrey not commit an offence punishable by jail for 12 months.
Jeffrey was before the magistrates court earlier this year, with the Supreme Court later told he was convicted in January of a relevant offence punishable by jail.
That prompted authorities to apply to have the suspended sentence activated and Jeffrey jailed.
In the Supreme Court, in Hobart, on Friday, Justice Estcourt expressed the view the matters in the lower court should be finalised before he considered the application.
Jeffrey was due to appear in the Supreme Court on Friday, but was not present during the proceedings.
In the original sentencing, magistrate Tamara Jago described striking the penguins as a callous act.
She took into account a psychological report that said Jeffrey had an intellectual development disorder, attention deficit hyperactivity disorder (ADHD) and a processing disorder.