Sean Herbert: Lismore racing identity sentenced over gun assault

The victim of a Northern Rivers car racing personality said she begged for her life as he held a gun against her head.

A racing identity who pointed a gun at his ex-partner’s face in a traumatic act of North Coast violence has learnt his fate.

Sean Herbert, 59, faced Lismore District Court on Monday to be sentenced on charges including common assault, kidnapping to commit a serious indictable offence namely intimidation, possessing an unregistered firearm in a public place, and domestic-related stalking/intimidation with the intent to cause fear.

Two further charges of unlawfully possessing ammunition were included on a form one certificate.

The court heard the charges related to an incident involving Herbert’s ex-partner in Newrybar on August 23.

The Lismore man went to his former partner’s address asking for confirmation the relationship of two months was “really over”.

When she said yes, Herbert pulled out a double barrelled shotgun he had been hiding in a guitar case, pushed her to the ground and put his foot on her chest and pointed the gun to her face.

The victim pleaded to Herbert and tried to de-escalate the attack and Herbert eventually let her free.

Police, acting on a suicide note emailed to Herbert’s friend that he was trying to kill himself, launched a separate search mission at the time and rang the victim.

The woman, who was too terrified to leave, acted as if the call was from an electricity provider.

After Mr Herbert left the woman’s address, police were alerted by the victim.

Police found the 58-year-old on Bangalow Rd a short time later and arrested him.

They could not find the shotgun and Herbert denied being in possession of the gun.

Herbert later told police he had thrown the gun out on Friday Hut Rd where it was found in three dismantled pieces in the grass.

The Lismore man is best known for launching 24 Hours of Lemons – a novelty car race that challenged teams to keep a $999 clunker on the road for 24 hours.

As proceedings began on Monday, Herbert’s victim bravely told the court how the act of violence irrevocably changed her life.

She detailed how her 16-year-old son had to start taking care of her after her diagnosis of post traumatic stress disorder.

“He has been plunged into a world that is not as he envisioned it,” she said.

“A type of violence only heard of in the news, something neither of us could imagine happening to a loved one.”

A phobia of toy guns, walking sticks and guitar cases plagued her after the attack and she developed a stutter.

She urged the court to uphold justice for her and other domestic violence survivors who shared a similar story.

“A man capable of enacting this type of violence should never have crossed paths with me or my son,” she said.

“I have a first-hand understanding of why people do not report violence against them.

“I understand what it is like to beg for your life and be scared you will be killed if you call police.”

Herbert’s forensic psychiatrist was also called to give evidence on Monday.

The court heard Herbert was significantly depressed and that “suicide was on his mind” at the time of the attack.

He suggested Herbert’s actions were exacerbated by alcohol and valium he consumed on the day.

Defence barrister Phillip Boulten said it could stand as medical evidence to suggest Herbert had a defence by reason of mental illness, despite his guilty plea.

On Tuesday, when the sentencing was resumed in Lismore, Mr Boulton said the actions were further exacerbated by losing a lot of money in his business the day prior.

“The impact of the Covid-19 economic consequence on his business were very real and he felt them on that day,” he said.

He argued the action was contrary to everything Herbert “stood for and loved through his life”.

Crown Prosecutor Mark Heffernan said it was important a weaponised domestic violence case was treated in the “utmost seriousness”.

He argued the concealment of the gun in the guitar case proved some moral awareness.

“(It) demonstrates some acknowledgment in his case that you don’t walk into someone’s house with a double barrelled shotgun,” he said.
It was a point Judge Warwick Hunt agreed with.

Judge Hunt acknowledge how the victim must have felt during the two hour ordeal, while acknowledging it was not planned to an aggravating degree.

He said it was clear Herbert’s suicidality and depression were “driving factors” in the “deeply egregious” act.

“It must have been a truly terrifying experience for the victim,” he said.

Judge Hunt convicted Herbert and sentenced him to four years and three months in jail, backdated to August 23, 2020.

There will be a non-parole period of two years and three months.

Herbert will be first eligible for release on November 22, 2022.

An apprehended violence order to protect the victim was extended for a decade from Wednesday.

For help call Lifeline on 131 114 or Beyond Blue on 1300 22 4636.