John Hertslet, 55, remains on bail after being sentenced to 12 months in prison in June last year by Magistrate Ron Maiden in Dubbo Local Court, in a case dating back to 2006.

He was convicted in February 2009 of 75 counts of aggravated cruelty to animals and 75 counts of failing to provide proper and sufficient food in relation to a cattle herd, after the case was heard in December 2008.

Hertslet appealed the conviction in April last year but it was dismissed in Sydney District Court, so he launched an appeal against the severity of his sentence.

However, on the day it was listed for hearing in Dubbo District Court in September, he was granted an adjournment to make an application for fresh evidence.

This was due to be heard in November last year, but the defence asked for a further adjournment in order to obtain medical material.

The defence told the court that dealing with the matter that day would be “futile”.

The matter was then adjourned until Monday to set a hearing date. However, the appellant was granted a further adjournment.

It is now set down for mention on April 15, two months before his sentence would have ended.

Hertslet told the court in December 2008 that RSPCA staff had visited his property three times, on December 22, 2006, February 16, 2007, and March 2, 2007.

On each occasion the officers inspected cattle owned by Hertslet’s father.

Hertslet described how he changed the cattle’s feeding regime due to the grip of the drought and when hay supplies were short, changed to a diet including more grain, particularly barley.

The level of nutrition of Hertslet’s cattle was also thoroughly examined during the hearing last December.

Rural Lands Protection Board vet Doctor Clive Roberts told the court his opinion formed on the day he visited Hertslet’s property, March 2, 2007, was the animals were “grossly malnourished”.

“At that stage it was cruel to keep them alive,” Dr Roberts said.