MAGISTRATE William Patterson Gibb got caught up in the excitement and killed a wood duck with a clean shot.
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But a few minutes later the fun was all over.
Gibb had fired too early and was quickly nabbed for the offence.
Gibb — a co-ordinating magistrate at Bendigo — had to immediately hand over his shotgun and also surrender the duck.
He hadn’t even known he killed a duck when he opened fire at Williams Wetland in the Lower Ovens Regional Park near Bundalong on March 16 at 6.57am.
The duck season was due to open at 7.20am.
Department of Primary Industries prosecutor Geoff Morsby told the court how Gibb was asked that morning what game birds he had shot.
“I didn’t think I got any, I shot at wood ducks,” he said in reply.
He was asked why he shot out of season.
“Suppose I had been hearing shots for a long time and couldn’t resist the temptation,” he said.
Yesterday he pleaded guilty in Wangaratta court to one count of breaching Victoria’s Wildlife Act by hunting for wood ducks during a banned period.
Gibb, who is retiring from the bench, could have faced a fine up to $3300.
Instead, NSW magistrate Ian Guy — brought in specially to preside over the matter — placed Gibb on a six-month good behaviour bond, without conviction.
He must pay $500 to the court fund and pay $87.98 in costs.
Mr Guy ordered the duck Gibb shot be forfeited and agreed with a submission from defence barrister Tim Bourke his gun be returned.
“I accept that the defendant is genuinely contrite and regrets his actions,” he said.
Mr Guy said while the penalty needed to deter other hunters from doing the wrong thing, Gibb’s offending had been at the lower end of the scale.
He took into account his early guilty plea, his unblemished record and good character, along with the service he had made to the community over many years.
At no time during yesterday’s brief hearing was it mentioned Gibb was a magistrate.
The 65-year-old’s case was heard before the general court list.
Mr Bourke said Gibb had been a shooting club member for more than 30 years but had decided to give duck hunting away.
Police and department officers were at the wetlands as there had been a problem with hunters shooting early the previous season.
Mr Morsby said a department officer heard a gunshot coming from Gibb’s direction.
“At 6.57am the accused was observed by the authorised officer lifting his firearm and firing at a maned, or wood, duck as it flew over his head,” Mr Morsby said.