A cannabis grower who shot an innocent father through the front door of his Dunlop home claims he only meant to let off a warning shot before his gun misfired.
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Benjamin Darrell Hallam, 33, admitted last October that he shot the man on May 30 after his ex-girlfriend Isabella Denis falsely claimed she'd "been bashed by five black guys" near the Dunlop house.
Hallam turned up there with a shotgun "to find out what was going on"; his mate Paul Fredrickson brandished a baseball bat.
Fredrickson, who was last October sentenced to 18 months in prison, smashed a glass inset by the front door and Hallam shot through it.
He hit a man behind the door in his chest, and the victim's teenage son was forced to rush to his aid.
None of the family inside the Dunlop home had assaulted Hallam's ex-girlfriend - in fact, they'd tried to help her when she'd "drunkenly" lain on the road out the front of their house.
She told them to "f--- off" and, when the man tried to haul her off the road, she punched him in the face.
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Hallam pleaded guilty to three charges that stemmed from the attack: recklessly inflicting grievous bodily harm, discharging a firearm at a building, and using a prohibited firearm.
The 33-year-old was set to face a sentence hearing in the ACT Supreme Court on Tuesday, but Justice John Burns immediately raised concerns about what Hallam had said to the author of a court report.
The judge said Hallam claimed he had unintentionally shot through the door. He questioned how that accorded with Hallam's guilty plea.
The 33-year-old's barrister, John Purnell SC, said his instructions were that Hallam had pointed the gun in the air outside the Dunlop home and pulled the trigger, but it didn't fire.
He said it unintentionally went off when Hallam had it cocked by his side.
Justice Burns said whether that was true or not was a significant issue, and Mr Purnell agreed it would have an impact on Hallam's sentence.
The judge ordered that, before Hallam's sentence hearing proceeded any further, prosecutors line up a forensics expert to talk about whether or not the gun could have misfired.
He said once the expert was lined up, another date for a sentence hearing could be set.
Hallam has also pleaded guilty to attempting to conceal evidence, given he dumped the shotgun in a pond at a Dunlop nature reserve, and to cultivating cannabis.
Cassandra Morgan
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
