A DISTRICT Court jury in Albury deliberated for more than four hours yesterday before finding a Yarroweyah couple guilty of stealing 42 stud dairy cattle in 2004.
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The jury decision came on the ninth day of a trial involving Brian William Hayes, 42, and his de facto Christina Murphy, 30.
They had both pleaded not guilty to the theft of cattle worth at least $80,000 from a property near Blighty on July 17, 2004.
Judge Martin Blackmore said after their conviction that it was an extremely serious offence.
He said there was a need for general deterrence because such offences were prevalent in the country and hard to prove.
Judge Blackmore said there was a need for “condign punishment” to ensure the public knew such offences would not be accepted.
“This is a case that cries out for a full time jail term,” Judge Blackmore said.
“It is a serious case of cattle stealing.”
Judge Blackmore remanded Hayes in custody for sentencing in District Court sittings in Wagga starting on April 23.
“I am not going to to put Ms Murphy into custody immedaitely,” Judge Blackmore said.
She is pregnant, expecting a child in four to six weeks, and was released on bail.
A total of 48 Friesian heifers were put on a agistment at the “Gearloch” property by the Culton family trading as Calivil Park Holsteins Pty Ltd about three weeks before being stolen.
An initial police inquiry failed to locate the cattle.
But Tocumwal stock carrier Steven Perryman came forward to police in January, 2005, and made a statement disclosing that he moved 46 heifers from the property at the request of Hayes.
A statement was also made to police by Perryman’s de facto, Sally Hayes, a sister of Brian Hayes, who was in the sleeper compartment on the truck on the night.
Police attended a property being leased by Hayes and Murphy on January 29, 2005, and executed a search warrant.
Jayson Culton identified 42 heifers that he said were bred by his family.
He nominated their dams and sires and police took tail hair samples for DNA testing, which confirmed their identity.
Hayes and Murphy claimed in evidence that the cattle were on their property before they took over in July 2003.