A FARMER who was given a one-month prison sentence for leaving his animals to starve was allowed to leave court pending an appeal.

Christopher Griffin had admitted failing to feed his cattle and pigs or provide adequate care or a suitable environment for the 55-strong stock at his Worcestershire farm.

But magistrates bailed Griffin after Jamie McCracken, defending, said he intended to lodge an immediate appeal against the sentence. If it fails, the farmer will serve the sentence.

Earlier in the hearing Mr McCracken told Droitwich magistrates his client's crimes were not at the top of the scale of seriousness. They had been caused by omissions by Griffin, not deliberate actions.

"This is a man who had kept a proper farm, there is no dispute about that," he said.

"The situation certainly had not been going on for years and years. You can see something had gone wrong. The farm was in financial difficulties and in 1999, when he wanted to sell his cattle and try to get out of farming, an order was imposed banning the movement of his livestock due to tuberculosis.

Financial burden

"Instead of selling them, my client had to keep and feed them through the winter which was a real financial burden."

But he added his client, of Lower End Farm, Birlingham, near Pershore, had serious health problems meaning he had not been physically able to carry out the necessary work.

Yet he said his client, who he claimed should not be sent to prison because of his health, could not afford to employ anyone to look after his stock.

"He could not get out there and put his back into it, he was not fit enough," said the solicitor.

Griffin admitted causing his livestock of 38 cattle and 17 pigs unnecessary distress by failing to provide suitable conditions, yard and buildings, a wholesome diet and proper care.

But Paula Williamson, prosecuting on behalf of Worcestershire Trading Standards, told magistrates the omissions were as serious as deliberate acts of cruelty.

"The defendant unreasonably omitted to carry out certain acts, which in this case was feeding and caring for the animals," she said.

"Failing to feed your animals is no less serious as beating or kicking them."

Magistrates also banned Griffin from keeping animals indefinitely.