A man who fired a projectile from a spear gun into another man’s neck has had his appeal for a new trial dismissed by the Tasmanian Supreme Court.
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In July, 2016, Benjamin Angus Shield, now 41, was sentenced to two-and-a-half years imprisonment, with an order that he not be eligible for parole until he had served half his sentence.
Shield appealed to the court against his sentence, claiming it was excessive.
He was convicted of causing grievous bodily harm to Scott David Syme.
On January 3, 2015, Mr Syme went to Shield’s apartment to purchase cannabis.
Mr Syme gave evidence to the court that he had phoned Shield to arrange the visit.
Upon arriving at Shield’s residence with a friend, Mr Syme said he was invited by Shield to sit on a couch.
According to Mr Syme’s account, the three men had a brief conversation, during which time Shield did not have the spear gun in his hands.
It was not long before Shield grew agitated about not being able to locate a lighter.
At this time, he produced the spear gun.
Walking behind Mr Syme, Shield raised the gun to the victim’s neck and discharged it while Mr Syme was still seated.
The spear subsequently entered Mr Syme’s neck, and lodged in his chest cavity.
Shield then produced a chisel.
“I think I’ve killed him,” Shield is alleged to have said.
“We’re going to have to chop him up into pieces and throw him in the river.”
Shield’s appeal to have his sentence modified was rejected by the court on the grounds that Shield had committed “a serious crime” against section 172 of the Criminal Code.