A 29-year-old man who shot his friend with an air rifle on a boys night of drinking had shown a "high level of stupidity and a low level of criminality", a Supreme Court Judge says.
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Justice Robert Pearce sentenced Devin Theodore Eilander, of Youngtown, for one a count of aggravated assault of Bradley Joshua Hayes on March 9, 2018 and to making a false statutory declaration to police on March 10, 2018.
He fined Eilander $3000 for the aggravated assault and ordered that he do 49 hours of community service under the supervision of a probation officer for making a false declaration.
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The court heard that Mr Hayes asked a group of friends over to Friday night drinks and they took turns shooting at targets with an air rifle.
About 11pm, Mr Hayes said he was going to bed.
Eilander picked up the loaded air rifle and pointed it at Mr Hayes who was 10-15 metres away with the intention of stopping him from going to bed.
"Mr Hayes said he was heading to bed and Mr Eilander picked up the air rifle and as a prank or joke that went horribly wrong said 'no you're not' , teasing him that he was going to bed while everyone else was still up," defence counsel Evan Hughes said.
He fired the weapon and Mr Hayes immediately dropped to the ground saying: "I'm hurt, get some help".
Eilander checked his stomach and saw a small red hole in his stomach.
A third friend drove both men to the Launceston General Hospital and on the way the pair concocted a plan to tell police that Mr Hayes had shot himself.
Mr Hayes suffered a perforated bowel and was in hospital for six days.
The court heard that Eilander thought it would cause a small graze rather than a serious injury.
Eilander made a second statutory declaration about events on March 11, 2018.
Justice Pearce said Eilander, an electrician, had led an otherwise blameless life and was held in high regard personally and professionally.
"I am satisfied that you are sorry for what happened," he said.
"The conduct was made worse by the lies you told and some police time was wasted."
Justice Pearce said Eilander was not entirely frank with police on his second interview.
He said Eilander was sentenced on the basis that he had aimed and intentionally pulled the trigger.
Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
