STATE OF TASMANIA v JULIE DEVINE 6 JUNE 2025
COMMENTS ON PASSING SENTENCE BRETT J
Ms Devine, you have pleaded guilty to the charge of possessing a restricted animal.
These laws exist for good reason. Clearly the legislature has thought this to be a very important matter and hence this has been made an indictable offence. The maximum penalty is 21 years imprisonment.
I accept that the risk was relatively low that the turtle would escape into the environment and cause damage. I am not a biological expert, I have no idea if that is a problem or not but I imagine that it is.
I accept that you did not know, but I also suspect that having acquired a turtle, you did not make any enquiry about the lawfulness of holding it. The purpose of sentencing in this case is general deterrence. That is the primary issue. I accept that you are unlikely to commit an offence like this again.
If you do, you know that you are probably in line for something much more significant than a fine. I accept that and I think that a fine is appropriate. It will cause hardship to you. I think given that you were able to afford money to acquire and maintain this animal that you can also find the money to pay the fine. It will be relevantly a modest fine in the circumstances, sufficient to deliver punishment but also sufficient to answer the sentencing aim of general deterrence.
My order is that you will be convicted of the charge of possessing a restricted animal to which you have pleaded guilty. You are fined the sum of $1,000. That amount of money is to be paid within 28 days.