A CHARGE has been dropped against a frustrated father who was accused of having carried a firearm and taken the law into his own hands with intent to shoot his daughter's abusive ex-partner.
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Retiree Carl Edward Thomas, 65, of Invermay, was instead fined $1000 in the Launceston Magistrates Court for three less serious firearm possession offences to which he had already pleaded guilty.
Police prosecutor John Parker, during the contest mention on Monday, told the court of the original allegations against Thomas.
Senior Sergeant Parker said Thomas had taken a taxi to his daughter's house on February 23 before 10pm.
He said Thomas carried a bag which contained an unregistered Savage Arms .22 bolt action rifle, which appeared to be in working order despite missing parts.
The prosecutor said police arrested Thomas at the house and recovered the firearm from underneath the couch.
"Mr Thomas said he intended to use the firearm to shoot his daughter's ex-boyfriend if he turned up at her address," Senior Sergeant Parker said.
The prosecutor said Thomas also told police that he "only intended to use the firearm to scare the s--- out of him and probably would not have shot at him".
Defence solicitor Mark Doyle conceded his client did carry a firearm, being an unregistered family heirloom, but he argued it could not be established that Thomas was carrying the weapon at the same time he had the intent to commit a crime.
Further, Mr Doyle said it was not disputed that the daughter's ex-boyfriend had been abusive towards her and if Thomas had used the firearm it would have been in lawful defence of his daughter.
However, the prosecutor dropped the most serious charge of having carried a firearm with intent to commit a crime after negotiations between the parties outside court.
Magistrate Sharon Cure said she understood Thomas' situation.
"It sounds like a father at the end of his tether ... it seems clear there are significant mitigating factors where a father has exercised bad judgment," she said.
"Understandable bad judgment."