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But a magistrate found he was guilty of aggressive and deliberate cruelty.
Cicak should not be convicted for his actions, because he is a man of good character who has received death threats in the aftermath, his lawyer Samir Banga told Melbourne Magistrates Court on Tuesday.
The attack was captured in a video which was posted to social media and republished in the news media, resulting in strong punishment outside the justice system, he argued.
Cicak’s address was published online and his life had not been the same since, Banga said.
He argued Cicak, who had worked in the construction industry for 23 years, would not have committed the offence if it wasn’t for the COVID-19 pandemic.
Construction workers faced a loss of livelihood and some took it harder than others, believing they had more to lose, he said.
“He understands he should have treated the situation differently,” he said.
“He will not do it again.
In one of seven character references, Cicak’s wife said he was a man of integrity who would never intentionally harm anyone.
Prosecutor David De Witt described the kick as cowardly and was in the context of a man lashing out in anger.
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The victim was a leashed and fearful dog who was trying to escape the situation.
“It was an animal that was defenceless and had no means to advocate for itself,” he said.
He said at no stage had Cicak accepted that he did kick the dog, and when asked if given his time again he would not kick the dog Cicak had responded that he just wouldn’t be at the protest.
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Putting aside the death threats, he argued having to weather general anger from the community shouldn’t mitigate the sentence.
But Magistrate Peter Reardon said the court had to be careful about people saying whatever they liked on social media, including anonymously.
“It seems to be a dangerous area for courts to start going into – social media outrage,” he said.
The offence carries a maximum penalty of 12 months in prison.
The RSPCA was also seeking Cicak pay some of the prosecution costs, noting two thirds of its funding comes from public donations, De Witt said.
