Jail term for disabled man

A GLENROY man with an intellectual disability has been jailed for four months over charges relating to using a slug gun to shoot birds in his backyard.

Thomas Frederick Frank Lavender had been out of jail for just seven days when the incident happened about 12.50pm on November 3.

Lavender, 34, has been remanded in custody since appearing in court the following day when bail was refused.

He appeared for sentencing in Albury Local Court on charges of firing a firearm in a public place, possessing an unregistered firearm, possessing an unauthorised firearm and failing to safely keep a firearm.

Solicitor Andrea MacDonald said Lavender’s parole was revoked almost immediately after his arrest and he was due for release on May 23.

Ms MacDonald said Lavender had no previous firearms offences and was using a slug gun to get rid of birds causing him trouble.

Magistrate Tony Murray convicted Lavender and imposed a nine-month jail term with a minimum of four months. It was backdated and expires on March 3.

Lavender was shooting in Glenroy, which is a medium density residential area made up mostly of government housing and privately owned properties with a large number of young families and children.

Officers went to Lavender’s home and saw him standing in the backyard with a firearm in his right hand by his side.

He walked inside and police called him before he came out.

There was a conversation, which was recorded, and Lavender admitted having a firearm, but said it belonged to a friend.

He claimed he was unaware it was an offence to have an unregistered firearm.

Lavender gave police permission to enter the house and said the firearm was between two mattresses in the lounge room.

He later admitted to police he had fired the gun.