A man who aimed an air rifle at his 85-year-old neighbour, pulled the trigger and then laughed has been jailed for 20 months.
Ian Stacey, 46, of St David’s Road, Tairgwaith, Gwaun-cae-Gurwen, admitted possession of a firearm with intent to cause fear of violence. He was sentenced at Swansea Crown Court.
The sentence
Judge Catherine Richards imposed a prison term of 20 months. Stacey will spend a third of it in custody before being released on licence to serve the rest in the community.
He was also made subject to a restraining order lasting five years, which bans him from contacting his former neighbour.
What happened outside the pensioner’s home
Prosecutor Brian Simpson told the court that on 25 May this year the pensioner parked close to his home in the Neath Port Talbot village and got out of his car. Stacey, who lived next door, was standing nearby with several other men.
As the older man headed for his front door, Stacey – dressed only in a pair of pink shorts – lifted an air rifle to his shoulder. He aimed it at his neighbour, looking directly at him through the sight. He then pulled the trigger, which made a loud bang, and laughed.
The startled pensioner went indoors. From there, the court heard, he could hear Stacey telling the group about “blowing his brains out”. Stacey and the other men were then seen aiming the rifle up and down the street.
Arrest and interview
Officers were called and arrested Stacey in the street soon afterwards.
In interview he handed over a prepared statement. In it he denied aiming at his neighbour, insisting the rifle had been pointed at the sky. He also described the pensioner as a “rat” and said the two of them did not get on.
The weapon
The rifle was seized and examined and turned out to be a spring-loaded air rifle. Mr Simpson said its muzzle velocity meant it was classed as a firearm, although no certificate was needed to own one.
Impact on the victim
Mr Simpson read the 85-year-old’s statement to the court. He said he had found it hard to sleep since the incident and has flashbacks in which he sees the rifle pointed at him. He is now too frightened to walk to his weekly bingo game.
He said: “I feel more vulnerable that I ever have”.
Previous convictions
Stacey has 16 previous convictions for 26 offences. Among them are:
- assaulting a police constable
- criminal damage
- being drunk and disorderly
Defence arguments
Jon Tarrant, for Stacey, called his client “something of a loner”. He said Stacey had been showing off to the men he was with and was “perhaps acting somewhat the fool”.
Mr Tarrant said Stacey wanted it made clear that the comments his neighbour overheard were about other people, not him.
He added that Stacey had spent 161 days on remand, and that custody “has had a salutatory effect” on him.
The judge’s reasoning
Judge Richards said Stacey could not go back home if he were released from custody straight away, and would effectively be homeless.
She weighed the risk he poses to his neighbour, his mental health difficulties and his housing situation. She concluded he would be better managed through the licence conditions that could be attached to his release.
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