A DAD laughed 'uncontrollably' as he repeatedly shot his own vulnerable 17-year-old with an air rifle, leaving him in excruciating pain.
Ben Barnes of Back Lane South, Worcester was jailed for 15 months for shooting the youth (now an adult) 'at least 10 times' with the rifle when he appeared at Worcester Crown Court on Wednesday.
Sobbing could be heard from the public gallery as the defendant asked to leave the dock to say goodbye to his family, including his fiancee but Judge James Burbidge QC declined the request, telling dock officers to take him down. Crying and shouts of 'love you Ben!' followed from the public gallery.
The 37-year-old admitted assault occasioning actual bodily harm, possession of ammunition (45 9mm cartridges) without a certificate and production and possession of a small amount of cannabis for personal use. Officers found a single cannabis plant, 40cm high in a bedroom window, and a small amount of cannabis resin.
David Webster, prosecuting, said Barnes used the Airsoft weapon, bought at a car boot sale, to shoot the youth (now 18 years old) in the knee after telling him that the gun was for shooting pigeons.
"He then laughed uncontrollably" said Mr Webster. In the presence of other, younger children Barnes said: "Should I shoot him again?"
Mr Webster continued: "And he did."
The pain was described by the prosecutor as 'excruciating' and he shot the youth several more times in the arms, legs and body between July 8 and August 18 last year.
The victim disclosed the injuries to colleagues at work and contemporaneous messages showed he had divulged what Barnes had been doing.
"He reported that work was his safe place and would take extra shifts so as not to be at home" said Mr Webster.
At an earlier hearing before experienced district judge Ian Strongman, a court ruled out Barnes's claims that the assaults were just 'horseplay' and what he called 'a prank'.
Mr Webster described the assault as 'persistent' and the victim as 'vulnerable'.
Even Barnes's own barrister, Nicholas Berry, acknowledged: "This is a particularly mean offence."
Mr Berry made what the judge called 'attractive and persuasive arguments' in favour of suspending the sentence, the barrister arguing that there was a realistic prospect of rehabilitation.
"He is an offender who does not present a risk or danger to the public" said Mr Berry. He added: "I don't accept that immediate custody is the only punishment available here."
Judge James Burbidge QC said this was 'no prank' and said the victim had had to give up his job.
"Work was an area of solace, of comfort for him, a place regarded as a safe place" said the judge.
Barnes can expect to serve half the sentence in custody and half on licence in the community. A five year restraining order was made in prohibiting Barnes from having any contact, directly or indirectly, with his victim.
"In my judgement, I would be failing in my public duty to a vulnerable victim in a domestic setting if I did not make the sentence immediate" he said.
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