Man shot friend at barbecue

1:40pm Tuesday 26th August 2008

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A former soldier who shot a friend who had come to a barbecue at his house has walked free from court.

Mark Hamblin, of Downing Street, Chippenham, fired a pellet from an air rifle down the stairs at his house as the guest was arriving at the open front door.

But after hearing how the shooting was a reckless accident a judge at Swindon crown court imposed a suspended sentence.

Chris Smyth, prosecuting, told the hearing how Jason Summerfield had gone with two other people to the barbecue at Hamblin's house on Saturday, May 24.

After getting out of the car he approached the open front door and immediately felt a sharp pain to the left hand side of his face by the ear.

"He knew immediately he had been shot as he had heard the noise an air weapon makes," he said.

Mr Smyth said he was aware of blood coming from the area of his ear and a man he knew as Mark approached him and said: "Sorry mate, are you ok?''.

As he went to the toilet to clean it up the defendant again apologised to him for what had happened.

Mr Summerfield went to the hospital where the wound was cleaned up but medics decided not to try to remove the pellet from the .177 calibre weapon.

The matter was reported to the police and Hamblin told them how he had taken the air rifle from a youngster had been shooting it out of the landing window.

Not knowing if it was loaded or not he told officers he fired it down the stairs towards the open door when the victim appeared.

Hamblin pleaded guilty to one count of unlawful wounding.

Mike Pulsford, defending, said that his client had pleaded guilty to the matter on the basis that he had been reckless in firing the gun.

"It is really a case of the injured party being there at the wrong time," he said.

"It was most unfortunate walking in through the front door which your honour has been told was open at the very time Mr Hamblin had snatched the rifle from the young person who was firing it out of the landing window.

"To make sure there was no shell inside he did fire it down to an area of the house where he did not believe anybody was."

Passing sentence Judge Douglas Field said "I am going to sentence you on the basis of the facts that I have been told about by your advocate which add up to a very serious and reckless episode.

"You must know that air guns are dangerous. You were involved in a social gathering'. Someone else younger than you was misusing the air gun. You took possession of it.

"In order to make sure there was no pellet in it you fired it downstairs at an open door. I understand you have been in the army; to do that was inexcusable and you hit a friend in the neck.

"Fortunately he hasn't suffered any lasting damage though I understand the pellet is still lodged under the skin."

He imposed a 24 week jail term suspended for a year and ordered Hamblin to complete 150 hours of community service.