Lyndon James Hartwell sentenced for going armed

A man who turned up at a Gympie home to demand money has been sentenced for aiming a gun barrel at a man during the shakedown. Read the story here:

Two Gympie residents thought they were going to be shot by a man, 27, who showed up at their property, stole their CCTV camera, broke a padlock and demanded money.

Lyndon James Hartwell was sentenced to nearly four months’ prison in Maroochydore Magistrates Court on Thursday after he pleaded guilty to five charges including going armed to cause fear on August 17.

Police prosecutor James Allan told the court Hartwell’s behaviour quickly escalated when he showed up at the male victim’s Gympie address and demanded money.

Mr Allan said both men had gotten into their cars when Hartwell pointed what the victim believed to be a gun at his car.

He said the victim was driving behind Hartwell at the time.

“The complainant believed the defendant could shoot them during offending and drove to the police station to report the incident,” he said.

The court heard there was another occupant in the victim’s car at the time.

Before the men got into their cars Hartwell had stolen a CCTV camera and pulled a padlock off the victim’s side gate.

Mr Allan asked for a 12-month prison sentence to be imposed.

“The offending was serious and it would have been extremely concerning for the occupants of the vehicle …,” he said.

Samuel Thierry Daquin was placed on a one-year prison sentence suspended for two years in Maroochydore District Court after he pleaded guilty to six charges including producing dangerous drugs. Picture: Social media.

Hartwell’s solicitor Anna Smith said the 27-year-old had planned to ask the man, who owed his girlfriend's brother money, for the funds without any “fanfare”.

Ms Smith said he reacted badly when the man started yelling at him through the CCTV system.

She noted a previous schedule of facts stated the man had already seen Hartwell point the barrel in his direction when he started following the Gympie resident in his car.

“If they were in such significant fear of him having a gun and getting shot, why would they then turn around and follow him in the first place knowing or thinking he had a gun in the car?,” she said.

Ms Smith said Hartwell only pointed a sawed-off barrel of a gun at the victim.

She noted the weapon didn't have any capability of harming the victim and Hartwell wasn't in the immediate vicinity of the victim.

The court heard Hartwell was on a disability pension for intellectual difficulties and his mum stated his mental age was a few years younger than 27.

Ms Smith asked for Hartwell to be sentenced to 119 days in prison and for his time in presentence custody to be declared as time already served.

She said he had already spent too much time in custody.

Acting Magistrate Raelene Ellis said Hartwell had an ongoing history of dishonesty offences against other people’s property, but noted he had spent the longest he ever had in prison.

“It is a serious offence given that it had the use of a gun or part of a gun …,” she said.

She declared 119 days of Hartwell’s presentence custody as time already served.

Ms Ellis also gave the Gympie man a 14-day prison sentence for stealing the CCTV camera, but marked the time as already served.

Hartwell will be released from custody immediately.