CSO for youth whose BB gun was used in a public place

Friday 18 May 2018

An 18-year-old has been sentenced for disorderly behaviour, possession of a loaded air pistol in a public place without reasonable excuse and a slew of driving offences.

The BB pellet weapon was used to shoot a member of the public while in Town, and because the 18-year-old was the owner of it, the responsibility fell to him.

The man was a juvenile at the time of committing several of the offences, including that with the air pistol, and thus those were dealt with in the Juvenile Court. This means he can't be named.

In total, he was charged with behaving in a disorderly manner, the possession of the air weapon; namey a gas powered BB pistol, speeding, driving a vehicle without the correct markings, driving a vehicle in an unsafe condition and driving on a private highway without permission. Guilty pleas were entered against all the charges.

He received two 40 hour community service orders to be served concurrently for the air weapon possession and the disorderly behaviour in front of the Juvenile Court, and the Magistrates Court issued a three month driving disqualification for the motoring offences, committed after his 18th birthday.

On the 19 September on the South Esplanade the man was in a vehicle with two others, where they saw a 16-year-old who they knew of. They called the teenager over to the vehicle, and at first, he refused, but he was verbally abused for doing so and was persuaded to come over. Upon walking away from the vehicle, he was shot in the back of the legs several times with a BB weapon. While the prosecution could not prove who in the vehicle had fired the weapon, the defendant did admit it was his property.

During a dog search at the man's house, the BB gun, a gas canister, BB pellets and a magazine were identified hidden in a nearby path - he then admitted they were his, but said the driver of the vehicle had told him to hide them there.

The disorderly conduct charge was in relation to the man swearing excessively in a public place, despite being told to stop, he was then arrested. This occurred while he was on bail for the previous offence. 

Regarding the motoring offences, the man was speeding at 52mph in a 35mph zone.