A Herdsmans Cove man has been sentenced to five months’ imprisonment, suspended for two years, for recklessly firing a homemade shotgun into the air while drunk.
Steven Wayne Barton, 56, pleaded guilty to one count of recklessly discharging a firearm and eight summary firearms offences stemming from an incident on May 27 when he fired a shot from a homemade “slam-fire” shotgun made from metal pipes.
The Supreme Court of Tasmania heard that the “unsafe” 12-gauge shotgun was discovered by police after an angry neighbour reported a noise complaint at the address at 1am.
When police arrived, Barton told them he has been drinking since 9am that day and fired the shot “because he was angry”.
“The combined nature of the various charges makes this a serious matter,” Acting Justice David Porter said in his passing comments on the sentence.
“Notwithstanding that the cartridge fired did not contain pellets or a projectile, firing it was a reckless thing to do.”
“Although injury can occur from the discharge of a shotgun round in that state, the person would have to be quite close and almost directly in front of the line of fire.”
“What particularly troubles me about this case is the nature of the firearm involved, it was an unsafe and home-made one not capable of being registered.”
Barton’s defence argued that the incident was a “stupid prank that had gone wrong” and that he deeply regretted his actions.
During sentencing, the judge acknowledged Barton’s early guilty plea, his willingness to take responsibility for his actions and his personal circumstances, including a medical condition and recent relationship problems.
“This particular firearm could well have fallen into the wrong hands,” Justice Porter continued.
“The possession and use of an unregistrable firearm of such a nature, combined with the failure to secure it, make it a matter that warrants imprisonment.”
“However, the term will be moderated due to the early plea in particular and I am satisfied that it is appropriate to suspend the execution of it.
Barton was sentenced to a suspended five-month prison sentence, fined $250 for possessing ammunition without a licence and ordered to forfeit the firearm and ammunition seized by police.
