Man fired airgun while drunk

An Australian man was a ''stupid young larrikin'' when he repeatedly fired an air rifle near the resort's town centre while drunk, the Queenstown District Court heard yesterday.

Judge Christina Cook refused an application for a discharge without conviction for Joshua Daniel Burt (22).

Burt pleaded guilty to two charges relating to the incident on June 11 this year: discharging an airgun with reckless disregard for the safety of others, and being under the influence of alcohol to such an extent to be incapable of having proper control of an airgun.

The court heard how Burt was arrested about 1.30am when he was seen by a bar doorman firing the Webley Rebel air rifle two or three times in the direction of the resort's CBD.

Earlier, after drinking with friends, Burt had gone to his car in the Queenstown Recreation Ground car park in Robins Rd and took pot shots at three empty bottles on a footpath while his friends watched.

Behind the bottles in the line of fire was the front of a house.

He then walked along Man St and fired the airgun in the ''general direction of Duke and Rees Sts''. Burt was then seen by the doorman, who gave police his description.

Counsel Tim Cadogan said Burt's behaviour was ''certainly very risky and foolish''.

''Some people say that if you put 22 into male, you get dumb,'' Mr Cadogan said.

However, the incident was not dangerous because it was early in the morning and there were few people in the area.

A firearms conviction was likely to bar his client from working abroad with his snowboard instructing qualifications, particularly in the United States and Canada where he intended to apply for jobs, Mr Cadogan said.

Prosecuting Sergeant Ian Collin said police opposed the application on the grounds that firearms and alcohol did not mix.

Judge Cook said she refused the application because of the seriousness of the charge and her concern at the ''repeated nature of the firing'', particularly the shots fired towards the CBD at a time when people were still likely to be in the vicinity.

There was also a lack of evidence about the consequences of a conviction on his work prospects abroad.

In sentencing, she took account of Burt's age, early guilty plea, lack of previous convictions and the fact he had voluntarily carried out 40 hours of community work already.

She convicted Burt and imposed no further penalty, but made an order for the destruction of the airgun and pellets.

 

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