“Too many Victorians who are misusing guns and abusing the privileges of gun ownership are getting off almost scot-free,” said Gun Control Australia (GCA) Spokesperson Randy Marshall.
A week ago in the Broadmeadows Magistrates Court a man who shot at a car and terrorised motorists on St Kilda Road in Melbourne with a handgun in\ February 2002 was set free with a suspended sentence, despite his lawyer admitting that alcohol and temper were largely responsible for the guilty man’s behaviour.
“GCA believes that this is an exceptionally weak sentence which in no way reflects the seriousness of the incident – particularly given that in addition to a handgun, both alcohol and driving were involved. The minimal penalty imposed ignores this potentially explosive combination of dangerous elements – and completely fails to caution or deter other gun owners from similar behaviour.
“It’s time for Victorian police and courts to stop this ‘softly-softly’ approach to flagrant gun misuse,” Mr Marshall said. “A rolling series of amnesties and a spineless approach to applying the laws has lulled gun owners into thinking they can get away with anything.”
Other incidents of carelessness included a young deer shooter’s conviction in the Victorian Supreme Court two years ago. It was argued that the shooting was accidentental but the jury did not agree. The shooter, however,only had to serve one year in prison.
In 1997, Frankston Magistrates Court dealt out very light sentences to three youths who followed and shot a 15-year-old boy cyclist riding on the Thames Promenade in Chelsea. The victim nearly lost his eye but the three young men responsible walked free – only one receiving a conviction.
The mother of the victim was outraged and told her local press it was “pathetic” that the perpetrators had walked free. She told her local newspaper “with the [community service] punishments they [the perpetrators] will get, they will have done far less in hours than [the victim] has gone through in terms of hours with doctors and psychologists.”
Close associates of last week’s St Kilda road gun outrage decision express similar frustration at light penalties imposed by courts.
“Such weak sentencing sends no message to careless and irresponsible gun owners,” Mr Marshall stressed. “Furthermore, the community and victims’ relatives and loved ones despair for justice.”
“45 people died in Australia in 2000 because of gun accidents – which means two things,” Mr Marshall said. “Firstly, all gun owners need much more prolonged and stringent safety training; and secondly, much tougher sentences much be handed out for gun misuse.
“The time has come to insist that our courts re-examine their sentencing for gun misbehaviour,” Mr Marshall concluded.