An Invercargill judge's decision not to convict a hunter who mistook his son for a deer and fatally shot him in the head has been described by the hunter's counsel as ''bold and courageous''.
Stephen Phillip Long's family and friends clapped and sobbed as Judge Bernadette Farnan discharged him without conviction in the Invercargill District Court yesterday, citing the case's unusual circumstances.
Long (61), of Invercargill, a manager for a lighting company, had earlier pleaded guilty to carelessly using a firearm causing the death of Samuel Phillip Long (24) while they were hunting on Stewart Island on March 23.
After a lengthy summing up, Judge Farnan said she had taken into account Long's remorse, his good character, his 41-year experience as a hunter without any previous incidents or near misses, the significant impact a conviction would have on his family, his job, his finances and his ability to travel, and the ''forever psychological handicap'' he would carry because of what he had done.
His wife and three remaining children had urged her not to convict him and she had also taken that into consideration.
Outside the court, Long's counsel, John Fraser, said a discharge without conviction on a charge of careless use of a firearm causing death was unprecedented in New Zealand.
''It was a bold and courageous decision, but appropriate.''
He said he had not been sure what the judge's decision would be.
''The outcome was always uncertain.''
Long quietly wept throughout most of the 80-minute hearing and gave a faint smile when he heard he would not be convicted.
After he left the dock, he walked to the public gallery and gave his wife, Helen, a kiss and a long hug before hugging other supporters.
He and his wife left the courtroom hand in hand.
Seeking the discharge without conviction, Mr Fraser said the hunting expedition the father and son and two others were on had been ''meticulously well planned''.
Samuel was to have gone to a place called rata tree hide and ''sit tight'' there for the day, while Long was to hunt alone.
The other two men were to hunt together on the other side of the block.
Samuel left the hut at Abrahams Bay alone about 9am, 45 minutes before his father. Long initially travelled in the same direction as his son, but veered off to hunt for white-tailed deer.
Long saw movement and looked with his naked eye and through his rifle scope to determine whether it was a deer, Mr Fraser said.
He was unsure, so changed his position several times ''pains- takingly slowly'' before believing he had a deer in his sights and firing.
''Circumstances conspired in that moment to convince him to take the shot ... and the result was a life sentence of grief for this man whose friends and family describe as broken.''
Samuel was not supposed to be in the area, and it was found later he did not have on the orange cap he usually wore while hunting, Mr Fraser said.
He likened the case to that of the Wanganui woman who in June was discharged without conviction after she admitted the manslaughter of her child, whom she left in a car in a hospital car park while she was at work.
The woman had told the court she was on ''autopilot'' that day, as Long must have been, Mr Fraser said.
''I see quite a lot of analogies with that case,'' Judge Farnan replied.
Police prosecutor Shirvani Dayal said a sentence of ''nothing less than home detention would do''. Long was an experienced hunter who had failed to correctly identify his target in daylight hours, on a fine day with good visibility.
He had not followed the rules of the New Zealand firearms code and there was nothing to suggest he had not had enough time to look properly before taking his shot.
Judge Farnan said Samuel's death was ''an overwhelmingly sad and tragic event'' for Long and his family.
''Every day, you will have to live with the knowledge you caused the death of your beloved son.''
Long had letters of support from his friends, members of the Deerstalkers' Association, and his immediate work supervisor, she said, although the managing director of the company he worked for had indicated he would probably lose his job if he was convicted because he would be unable to travel as his role required, and because the company's ability to tender for Government contracts might be affected.
Victim impact statements from his wife and other family members had been ''heart-wrenching'', the judge said, describing a man who had been best mates with Samuel.
''They say you are already facing a life sentence and [everyone] is missing Samuel every day. They say your heart is broken ... and you will be haunted by this forever.''
At this point, Judge Farnan looked upset. She paused and took a deep breath before saying: ''Sorry, this is hard for me too.''
While there were no precedents for a discharge without conviction on the charge Long was facing, Judge Farnan referred to three cases that she said had similarities, and said she was prepared to follow that course of action for Long.
An order was made for the destruction of Long's rifle and scope.
