A former prize winning dairy farmer who stole $349,000 worth of client's cattle because his business was losing money will be assessed for a home detention order.
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Peter Whynn Jones, 51, pleaded guilty to stealing 256 cattle between May 2018 and January 2020.
Justice Robert Pearce ordered that Jones be assessed for the order but warned that he had doubts whether it was practically possible considering Jones new employment arrangements.
"The scale of the offending is significant and I have not come to a concluded view," he said in the Supreme Court.
The court heard that Mr Jones was a director of Jones97 Dairy Contracting Pty Ltd which had leased cattle from three entities Wright's Construction, Moo and You Pty Ltd and Stephen Saltmarsh.
He agisted cattle on farms at Glengarry and at Sidmouth.
Jones sold 32 cows belonging to Wright contracting, 203 cows belonging to Moo and You and 21 belonging to Mr Saltmarsh to the JB Swift abattoir at Longford and some to Greenham Tasmania at Smithton.
Prosecutors used data from the electronic ear tags used under the National Livestock Identification System to identify the number of stock stolen.
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The tags have a radio frequency identification device containing a transponder.
The court heard that Jones operation lost money because of tough times in the dairy industry.
In April 2020 Jones called in an administrator for his financial affairs and the owners began hearing rumours that there were no cattle on the farms.
In last week's hearing crown prosecutor Ian Arendt was unable to finalise the number of thefts and Justice Pearce postponed sentencing while the numbers were mustered.
"I'll go back and check," Mr Arendt said.
After a break the court was told that there were 31 cows in the indictment that shouldn't be there.
Defence lawyer Grant Tucker said Jones was now a bankrupt and his fall had been a "sad tragic story".
"He came from the United Kingdom in 2012 to dairy farm at Kayena," he said.
He was high profile in the UK and in Tasmania where he was a finalist in the Dairy Business of the Year in 2017.
Mr Tucker said he decided to get into share farming in 2017 which was a "disaster of gigantic proportions for Mr Jones".
He said he went in to the venture with 100 head of cattle and $120,000 but a robotic dairy cost him cash flow.
"His dream opportunity turned into his worst nightmare and he was losing $20,000 a month," he said.
He said the sale of cattle was a case of robbing Peter to pay Paul with costs including the payment of cow leases, stock feed and operational costs.
Mr Tucker said Jones made one disastrous decision after another and he conceded he should have walked away. He said Jones resorted to alcohol and his marriage broke down.
He asked Justice Pearce that Mr Jones be assessed for a home detention order so that he could keep working at a new job on a major dairy operation at Tomahawk.
Mr Tucker said Jones' job and use of a home would be terminated if he was jailed.
Justice Pearce postponed sentencing until September 27 at 4.15pm.
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