Daniel Lea had pleaded guilty in the County Court to reckless conduct endangering serious injury and being a prohibited person in possession of a firearm.
Three people were behind the wire door running for cover when Lea fired a shot from a .22 rifle through it; nobody was hit.
Lea was part of a large group that was targeting the complainant over allegations that had circulated in the community that he had raped a 14-year-old girl.
Throughout the day on April 19, 2018, the complainant's car was attacked with a baseball bat and groups of people arrived to hurl abuse, death threats and throw objects at the house.
At about 10.30pm, about 40 people again arrived, yelling, threatening and throwing objects and the complainant armed himself with an air rifle to scare them off
The complainant saw Lea in the middle and to the front of the group of people outside the house holding a .22 rifle or air rifle at waist height with both hands.
Lea walked up to the front door and pointed the gun into the doorway as the complainant and his two friends frantically retreated inside. Lea then fired though the doorway.
“I note that no victim impact statement has been filed in this case,” Judge Sarah Leighfield said.“No doubt an incident such as this would have been frightening at the time even though the complainant was also in possession of a firearm.”
Judge Leighfield said the firing of the weapon when Lea knew people were inside the house was the most serious offence, despite carrying a lower maximum sentence that the charge of being a prohibited person in possession of a firearm.
Judge Leighfield said Lea was sentenced to jail in Shepparton in 2013 for similar offending when after drinking he grabbed a rifle and went to the victim's home where he fired a number of shots in the victim's direction.
“The similarities are such that specific deterrence carries considerable weight,” she said.
Judge Leighfield agreed with submissions that jail was appropriate, but with a lengthy period of supervision in the community upon release.
She said Lea had reasonable prospects of rehabilitation, but that was tied to treatment and abstinence from alcohol and drug abuse.
Lea was sentenced to three years’ jail for the reckless conduct charge and two years for being a prohibited person in possession of a firearm with nine months of that sentence to be served cumulatively; making a total sentence of three years and nine months.
Lea will be eligible for parole after two years, which with 719 days already served on remand, means he can apply almost immediately.
