‘Somebody could have died’: Court told man fired 12-gauge shotgun 20m from tip worker

The court heard the 33-year-old Northern Rivers man was firing his 12-gauge shotgun on Anzac Day, just metres away from a tip worker, causing him to fear for his life.

Zachary Whitelum plead guilty to the two charges in front of Casino Local Court. Credit: Facebook

A Northern Rivers man has been blasted for his “reckless” actions which saw a tip worker fear for his safety and “take cover”.

Zachary Whitelum, 33, fronted Casino Local Court on July 8, charged with firing a firearm in a public place, and not keeping a firearm safe.

He plead guilty to both charges.

About 4pm on Monday, April 26, 2021 police were called to Carwong Road, Rappville, following reports of gun shots.

Richmond Police District Acting Inspector Claude Toscan said that upon arrival, police located a black Subaru Forester, now known to be connected to Whitelum.

Officers searched the car where they then located a 12-gauge shot gun and empty cartridges.

The court heard from Magistrate Kathy Crittenden police were alerted to the incident via a Rappville Transfer Station worker who was allegedly just 20 metres away from the fired shots.

“The facts are somebody, who was a worker at the transfer centre, heard the first round then saw you reloading the firearm and discharging,” she said to Whitelum.

“The employee was not sure if the rounds were directed towards him.”

She said the man took cover in fear until the bullets stopped.

When Magistrate Crittenden asked Whitelum why he was shooting the 12-gauge gun, his solicitor Stephen Bell said Whitelum was pointing the gun at the ground.

“Your honour, he purchased the ammunition with a friend and just wanted to see how it went,” Mr Bell said.

“To our urban sensibilities. there’s nothing to take it further, other than to say in the rural community the familiarity and availability of firearms sometimes leads to very poor decision making.”

Mr Bell told the court his client was a fully qualified mechanic who had held a NSW gun licence over the past 10 years for the purpose of sport.

“The defendant can offer no excuse for his recklessness other than familiarity bred contempt,” he said.

“It was reckless and stupid and he’s deeply sorry.”

He asked that due to Whitelum’s limited criminal history, no conviction be recorded.

However, the police prosecutor disagreed.

Upon sentencing, Magistrate Crittenden told Whitelum the maximum penalty for his charges was 10 years jail, due to the seriousness.

“Somebody could have died as a result of his conduct,” she said.

“It is 10 years because of the risk it poses to the lives and safety of other members of the community.

“In respect of the firearm penalty, the higher courts have repeatedly told courts they need to be mindful to send a message to the community that these matters are to be taken seriously.”

Given that, she convicted Whitelum on both charges.

For firing a firearm in a public place, she also ordered Whitelum enter a Community Order of 12 months, supervised by Casino Community Corrections and that he comply with mental health treatment and rehabilitation.

For not keeping a firearm safe, he was convicted but not further punished.