Todd Wayne Burns, Hayden Burns Hume set to be sentenced for Blacksmiths shooting, Piriwal street
A man was in “self-destructive” mode when he was involved in an Australia Day shooting following a late-night altercation, a court has heard.
Newcastle
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A court has heard a man was in “self-destructive” mode when he was involved in an Australia Day shooting following a late-night altercation.
Todd Wayne Burns, 34, and Hayden Burns-Hume, 31, were both arrested after they armed themselves with a gel blaster firearm and shot at two men in a vehicle at around midnight on Piriwal St, Blacksmiths last year.
Both men pleaded guilty to use of an offensive weapon in company, intimidation, having goods in personal custody suspected of being stolen and driving a motor vehicle while disqualified.
In Newcastle District Court on Tuesday, it was heard at the time of the offence Burns-Hume was in a “self-destructive” phase of his life, being addicted to drugs and suffering from paranoia, anxiety and depression.
“(It) was chaotic,” he said giving evidence.
He told the court his next move when released from prison was to enter rehabilitation.
Burns told the court he had plans to live with his sister-in-law and would try to stay away from “influences” and drugs in a bid to change his ways after having spent a majority of his adult life behind bars.
“It’s not just bulls--t, I am genuine this time, I actually want to change,” he said.
Ben Bickford, defence barrister for Burns-Hume, said compared to the co-accused his client had a limited criminal history and took accountability for his actions, with a willingness to engage in rehabilitation.
Haydn McDuff, defence solicitor for Burns, argued there was a shift in his client, with his sister and mother supporting him.
He argued the gel blaster used in the offence was incapable of firing and the 34-year-old did not understand it was illegal.
In regards to both men, the Crown solicitor said it was an aggravated offence.
She also noted Burns had a continuing attitude of disobedience towards the law with his lengthy history and said community protection was a serious relevant factor in sentencing the men.
Judge David Barrow SC adjourned his judgment for Thursday.
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