Reckless Conduct Endangering Serious Injury – Diversion

Our client, an avid hunter decided to test the accuracy of an air rifle that had not been used for many months. He constructed a cardboard target and fixed it to the dividing fence. He placed a piece of tin under the target, between the target and the dividing fence. He then took aim and fired the air rifle. His neighbour was gardening next door at the time, and the pellet from the air rifle ricocheted off the fence and a nearby shed and hit his neighbour in the back of her head. The woman was conveyed to hospital where the pellet was removed.

He was charged with Reckless conduct endangering serious injury and Shaun Pascoe represented him at the Ringwood Magistrates’ Court.

The offence of reckless endanger serious injury carries the possibility of 5 years imprisonment. Our client had no priors. He had a long history of responsible gun use through his involvement in sporting gun associations. He had apologised to the complainant and the complainant supported his application for diversion.

Our client’s application for diversion was granted.


Shaun PascoeShaun Pascoe

Shaun is an Accredited Criminal Law Specialist and a partner of the firm. Shaun runs the Heidelberg branch of Doogue + George.

He is an experienced criminal law solicitor and works hard to achieve the best possible outcomes for his clients. Shaun handles indictable and summary criminal offences and is an expert at criminal defence for both contested and non-contested cases.

Visit Shaun's profile to read more about his background and experience.

DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 25/02/2013