Ex-Queensland mine driller Mark David Nugent has gun charges dumped in wake of drive-by shooting at Ballina, northern NSW

An ex-Qld miner accused of firing shots into a home after a gun and drug deal went bad in northern NSW has had all firearm charges against him dropped – but he did not get off entirely.

A former Queensland mine driller who was accused of firing shots into a home after a gun and drug deal went sour in northern NSW has had all firearm charges against him dumped.

Collinsville man Mark David Nugent, now 52, was arrested in the Queensland town on June 4 after a man was targeted in a drive-by shooting on Brunswick St, Ballina on April 10, 2023.

Robert Bruce Blanch was also arrested and jailed after selling a gun to the alleged Ballina drive-by victim in an odd twist in the case.

A bullet narrowly missed a child’s head, while another four bullets hit the outside of the home. No one was physically injured.

Nugent was slapped with charges including firing a firearm at a home with disregard for safety, firing a gun in a manner likely to injure, possessing a loaded gun in a public place and not keeping a gun safely.

Mark David Nugent had all firearm charges against his dumped after a deal.

He was also charged with using an unauthorised prohibited gun and possessing an unauthorised prohibited gun.

In the end, following a plea deal, Nugent has only pleaded guilty to participating in a criminal group. Other charges were dropped by the prosecution.

Nugent faced Magistrate Michael Dakin in Lismore Local Court over videolink on Wednesday.

It came after Richmond Police District detectives launched Strike Force Talmoi to investigate the shooting.

It was previously alleged Nugent attended the target property shortly before the shooting occurred, he was seen on the street about 5pm and police found his DNA on a discarded cigarette butt outside the home.

Police recovered a blue Ford Falcon previously reported as stolen, the court heard, following an appeal by police.

In court, the prosecution described the case as complex and said investigations included an undercover cop.

The defendant had been accused of trying to “scare the f – k” out of a North Coast man who arranged to buy a gun.

Nugent’s defence team argued he had been detained in custody on remand on a “circumstantial” case and had not been able to enter pleas.

The distinctive blue Ford Falcon. Picture: NSW Police

Defence Solicitor Paul Canney told the court an agreement resulted in a guilty plea to the sole remaining charge.

However, Mr Canney said his client did not direct the group and his participation was limited.

“He (Nugent) knocked on the door and sought the man (at the home) and was told he wasn’t there, that man wasn’t located,” he said.

The court heard Nugent had a “good” family and his brother could not understand how Nugent slid into criminal activity.

“Not many people find themselves in this kind of situation,” Mr Canney said.

Mr Dakin said the Ford had been spotted in Tweed Heads, that Nugent “travelled in a stolen car” and it was “a long way to go” from Tweed to Ballina.

“It’s not the case he was simply in the back seat,” the magistrate said.

Police released an image during investigations of a gun theybelieved was used in the shooting - of which Nugent has been cleared. Picture: NSW Police

Mr Canney said Nugent was remorseful and upset following the incident.

“He’s spent 14 months in custody and his participation is what led to the other (firearms, stolen goods) charges,” he told the court.

The prosecution submitted it was clear Nugent had acted as a participant in the criminal group.

Nugent, 52, was described in court as remorseful and upset.

Nugent’s criminal history reflected his drug use, the court heard. He was on parole at the time of the Ballina offence.

Mr Dakin said: “The psychologist’s report said he’d likely relapse seeing he’s used illicit drugs before.”

For his part, Nugent was sentenced to 20 months jail with a non-parole period of 14 months and 11 days. He was eligible for immediate parole.