Daniel McKay: Apprentice plumber points gun at teen’s head and demands phone

A teenager thought “he was going to die” when a new father held a sawn-off shotgun to his head in a Ballarat park and demanded his phone, a court has heard.

Stock image. Picture: Savusia Konstantin

A young father has been jailed after he pointed a gun at a teenager’s head in a Ballarat park and demanded his phone.

Apprentice plumber Daniel McKay, 22, was sentenced for one count of armed robbery at the County Court on Tuesday.

The court was told two boys, aged 15 and 18, had been sitting in the pavilion of Delacombe’s Doug Dean Reserve and listening to music about 6.15am when a gold-coloured Nissan sedan pulled into the car park on January 31, 2020.

The court heard McKay was seated in the front passenger seat, a co-accused was driving and a third accused was seated in the back.

The three called out to the boys, asking for “juice”, and the boys approached the car.

The accused in the driver’s seat asked the elder boy if he “talked to cops” and how old he was.

When he replied, McKay said it was “old enough to get your phone taken”.

When the boy refused to hand over his phone, McKay repeated his demand and threatened to shoot him if he didn’t.

The court heard the boy did not take the threat seriously, until McKay pulled a sawn-off shotgun from a bag and pointed it at his head.

Judge Trevor Wraight said the boy “believed he was going to die” and handed over his cigarettes and a lighter in an attempt to appease McKay, but he only repeated his demand until the boy handed over his phone and provided the passcode.

McKay then turned his attention to the other boy. Still pointing the gun at the boy, he demanded the older friend tackle the younger for his phone.

The co-accused then called out from the back seat: “Just shoot him and get it done with”, the court heard.

The boys were able to escape by running towards Greenhalghs Road before seeking refuge and calling Triple-0.

Judge Wraight said CCTV footage from McKay’s Black Hill house showed the car pulling up at the house at 9.21 that morning, with him and a co-accused then seen entering the front door.

Police conducted surveillance on the property for an hour from 10am and observed two unknown males later attending the property and driving away in the car.

It was later found behind closed gates in Wendouree, stripped of registration plates. The court heard several of McKay’s fingerprints were found in the interior and exterior of the car.

He was arrested in South Australia and conveyed to Mildura Police Station on March 3, 2020 where he gave a no comment interview.

Judge Wraight said the offending was an “inherently serious offence” that could attract up to 25 years imprisonment and that this was a “serious example”.

He said the experience would undoubtedly have been frightening for the teenagers.

“They were simply sitting and listening to music when you caught their attention and committed the offence.”

He said McKay had “battled with a drug problem” and it clearly factored into his criminal history and the offending before the court.

Yet he had completed 18 months of his plumbing apprenticeship and wished to resume it once he served his sentence, while he was in a stable relationship and had recently become a father.
“It is clear you have the ability to be a productive member of this community,” he said.

He took into account his guilty plea in April, the fact he was a young offender and his personal circumstances, but said deterrence was required.

Judge Wraight convicted McKay and sentenced him to two years and six months imprisonment.

He must serve one year and four months before he is eligible for parole.

He has already served 296 days.