Evan Kershaw sentenced over south coast cannabis crop shooting
A man's DNA was found on a firearm dumped on a property after a confrontation over a nearby illegal weed plantation.
The South Coast News
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A south coast man involved in a 2018 retaliation shooting after a man took cannabis from a “large crop” growing next to his rural property has been sentenced.
Evan Larry Kershaw, 34, of Nowra, pleaded guilty in July to aggravatingly entering a dwelling with intent in company, possessing an unauthorised firearm, firing a gun at a house with disregard for safety.
Kershaw, who appeared in Bega District Court on December 4 was sentenced by Judge Robyn Tupman to four years and six months in prison.
The court heard Kershaw and his co-accused went to the Coolagalite farmhouse at 2.30am on April 8, 2018, armed with firearms after the resident took cannabis for his own personal use from a crop growing next to a nearby creek.
The co-accused has pleaded not guilty to all charges and will face trial in February next year.
“It is not the Australian way of life to shoot at people,” Judge Tupman told Kershaw during sentencing.
She said it was only due to “good luck” that Kershaw was not facing a charge of murder.
The court heard in the months leading up to the offences, the adult son of the owner of the farmhouse, who was living in a caravan on the property, had seen people tending to the crop and told his parents.
On the night of the offences, the parents were woken by men yelling and the father soon saw Kershaw armed with a .22 rifle and his co-accused allegedly armed with a shotgun standing on the veranda.
The court heard the man quickly shut the door and fell to the ground before a shot was fired through the door, passing where his head would have been if he was still standing.
A further shot was fired through the kitchen window.
The court heard nobody was injured and multiple shotgun shells were later found inside the farmhouse.
Police later found the two firearms dumped on a neighbouring property, with the shotgun loaded with two rounds.
The court heard both firearms were registered to the co-accused, and a later search of his home found them missing.
Forensics linked Kershaw’s DNA to the trigger of the rifle, and there was no evidence it had been loaded or fired at any point.
The court heard Kershaw later told his psychologist he only went to the property because he was asked to, and wasn’t aware of what was going to happen on the night.
Judge Tupman said she found the reasoning “hard to accept”, and said Kershaw’s guilty plea showed he agreed he was there to intimidate the father.
The court heard Kershaw had become addicted to amphetamines at the age of 14 before later becoming addicted to heroin, and was using methylamphetamine daily at the time of the offences.
Judge Tupman said Kershaw had spent “a great deal of his life” since the age of 19 behind bars, but had found religion during his 13 months in custody for the offences.
She said there was no evidence he had been using illicit drugs during his time in custody even though they are “freely available” in prison.
Judge Tupman backdated Kershaw’s sentence to November 2 last year.
He will be paroled on February 1, 2022.
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