Gunman Zac James Thorp-Millard jailed for shooting up quiet Mount Gambier cul-de-sac appeals verdict

A drive-by shooter who targeted a home where children were sleeping to instil maximum fear has made a bid to overturn his conviction for the “premeditated” crime.

A drive-by shooter who planned to send a “sinister message” when he targeted a Mount Gambier address in an escalating feud has made a bid to appeal his guilty verdict.

Zac James Thorp-Millard, 27, was found guilty at trial of one count of discharging a firearm to injure, annoy or frighten in March.

The jury acquitted him of a separate shooting event which allegedly occurred the following day.

Thorp-Millard appealed his conviction arguing the verdict was “unreasonable”, there was “insufficient evidence” and the verdicts were “logically inconsistent”, according to court documents.

Zac James Thorp-Millard was sentenced in the Adelaide District Court appearing via video link from Mount Gambier after a 2020 drive-by shooting. Picture: Jessica Ball

The appeal was dismissed with President Mark Livesey, Justice Chris Bleby and Justice Sophie David finding reasonable grounds to uphold the conviction in the Court of Appeal on Thursday.

Thorp-Millard was sentenced in the Adelaide District Court in November, appearing by AVL from Mount Gambier last month.

During sentencing Judge Ian Press said there had been an escalating feud between Thorp-Millard and his victims Zachary Sailor and Namirra Latham.

Judge Press said both Thorp-Millard and Mr Sailor had threatened each other and engaged in a series of confrontations.

He said no charges were laid in relation to the earlier altercations which would not be considered in sentencing.

“You invited the male to fight you — he subsequently attended the house he believed you were in and smashed the window,” Judge Press said.

“I’m further satisfied that the following day you attended at his house in your car with other people who were wearing masks and brandishing weapons.

“These acts are only relevant insofar as they explained the nature of your animosity toward the occupants of that house, and your motive for committing the offence.”

The court heard on February 23 at 5.30am Mr Sailor and Ms Latham woke to the sounds of gunshots.

“You stopped your car in close proximity to the car of the victim and discharged the firearm two or three times into the back of it,” Judge Press said.

“The victim was immediately concerned for the safety of her children … she was not to know that the bullets had been fired into the back of the car.

“At that time of the day, you obviously knew people would be home in bed … you knew the use of a firearm would be likely to send a particularly sinister message to the occupants of that house and would maximise their fear.”

In her victim impact statement which was read to the court, Ms Latham, who is now Mr Sailor’s former partner, said fear had driven her and her children out of Mount Gambier as they struggled in the aftermath of the attack.

“Not only has it affected her, it has impacted her children who were also present,” Judge Press said.

“She still has trouble sleeping, and she had to move her family away from Mount Gambier as a result of an ongoing sense of danger.”

Despite an eight year history before the courts and drug abuse, Judge Press said Thorp-Millard had conducted himself well on home detention.

“You continue to deny the offending, you have shown no remorse and I consider this is relevant to the issue of suspension,” he said

“Your offending was also not impulsive. To the contrary, it was clearly premeditated.

“Your efforts over the last 12 months to suggest there is hope for your future.”

Thorp-Millard was sentenced to one year and three months imprisonment with a non-parole period of four months.