In Behrens v Deeks [2024] QDC 87, the appellant, Andrew James Behrens, appealed against his conviction and sentence handed down by the Brisbane Magistrates Court. Behrens had been convicted of eight counts of breaching his duty of care to animals under the Animal Care and Protection Act 2001 (Qld) (ACPA). The charges resulted from the conditions in which Behrens housed ten python-type reptiles and forty-five quail-type birds. Behrens contested his conviction, arguing that the Magistrate erred in not properly evaluating his fitness to stand trial and in the admission of certain pieces of evidence. He also claimed that he was denied procedural fairness. During the appeal, it was determined that while Behrens' medical conditions (ADHD and autism spectrum disorder) did not render him unfit to stand trial, the amount claimed for veterinary costs was excessive. The appellate court, led by Sheridan DCJ, reduced the ordered veterinary payment from $2,000 to $1,784.04 but otherwise dismissed the appeal, confirming the Magistrates Court's decision and other orders.
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