A former drug "kingpin" who ended up being tasered in a chicken coop while fleeing from police, will be eligible for release a month early after an appeal found a replica gun discovered in his possession could not be fired.
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Thor Sven Kristiansen, 33, had pleaded guilty to 13 charges, including assaulting a police officer, resisting police and unauthorised possession of a firearm.
Those crimes landed him behind bars in March when magistrate Beth Campbell sentenced him to 26 months' jail with a non-parole period of 17 months.
The ACT Supreme Court shaved a month off his jail time in December after Kristiansen appealed against the length of his sentence, claiming it had been affected by a factual error.
The appeal hinged on the single claim Ms Campbell had erred in finding an air gun rifle, found in Kristiansen's possession, was capable of firing pellets.
The replica gun was found in June 2020, after Kristiansen resisted police officers when they approached him at a Kambah premises.
"The defendant was highly agitated and wearing only a bath towel around his waist," police documents read.
He yelled at the police: "F--- off ... what are you going to do - shoot me?"
He then sat inside a Volkswagen and revved it before reversing it into a police car.
Officers had to use capsicum spray, a Taser and a dog to finally bring him down.
They then found numerous stolen items in the car, including the air gun rifle.
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Justice Belinda Baker granted the appeal finding "the air gun rifle was not capable of firing gel pellets, as it had a damaged battery".
The appeal court judge said new evidence, namely a report by a forensic firearms examiner, "unequivocally demonstrates" the gun could not be fired.
"This error was not in any way attributable to the magistrate, who had not been provided with any evidence of the damaged battery, and was in fact told by the prosecutor that the air gun rifle was 'capable of firing'," she said.
However, Justice Baker took into account the appearance of the firearm would cause alarm if pointed at a lay person.
He fled the scene, prompting a chase into a backyard where he entered a chicken coop-like storage shed.
Once police reached him, he was tasered.
However, he got back onto his feet and ran out, leading to more police attempts to arrest him.
He was tasered again.
Kristiansen also grabbed an officer's arm before jumping onto a trailer to try to jump a fence, but the trailer collapsed on him, allowing his arrest.
Kristiansen was resentenced to 25 months' jail time with a non-parole period of 16 months. He will be eligible for parole on April 30, 2023.
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