Gunman faces court after shooting woman in the buttocks
A MAN will spend a year behind bars after forgetting to check a gun was loaded and using it to shoot a woman in the buttocks.
Dwayne Edward Silcox, 36, pleaded guilty in Bundaberg District Court yesterday to grievous bodily harm, possessing tainted property and unlawfully possessing a category A weapon used to commit an indictable offence.
Crown prosecutor Christopher Cook told the court Silcox was at a friend's house before he woke her and asked her to drive him to a house on Barolin St, where his friend was ill at the time.
Silcox had previously consumed alcohol and Mr Cook said he left the house holding a long carry case.
The case contained a bolt action .22 calibre rifle and ammunition, which police later identified as being stolen.
The woman returned home with Silcox and went back to bed to lay down.
Mr Cook said there were four other people in the house at the time, including the woman's 15-year-old daughter.
On her way to her bedroom the woman told Silcox to 'f--k off' and he continued to follow her.
In the bedroom Silcox was talking with the other people in the house who were also in the room before producing the gun and showing them.
The woman said to him 'what are you doing, why do you have a gun?' before he cocked the gun and the bolt and pointed it at her buttocks.
He then pulled the trigger and shot her in the buttocks, not realising the gun was loaded at the time.
Silcox then ran out of the house and disposed of the gun. The court heard, as a result, the woman suffered a broken leg bone and had half of her sciatic nerve severed.
Mr Cook said the offence was "grossly negligent conduct".
He said Silcox had no offending of a like nature and only had "nuisance like" offences in his history.
Silcox's barrister Callan Cassidy told the court since the incident his client had a "lifestyle change" and doesn't drink in excess like he used to.
Mr Cassidy said his client was remorseful and "didn't have good memory of the night".
He said his client co-operated with police and didn't have issues with drugs or alcohol at present.
Mr Cassidy said his client accepted he would be spending some time behind bars and was also expecting a difficult time in jail.
Judge Leanne Clare took into account Silcox's plea of guilty and his personal circumstances.
"You assumed the gun wasn't loaded, it was breathtakingly dangerous," she said.
"Drunkenness is no excuse. If the act was intended you would be facing a more serious charge."
Silcox was given a head sentence of four years imprisonment and will be released after serving 12 months.
The sentence will be suspended for five years after his release.