Lochlin Smith sentenced for pointing gun at Yeppoon schoolkids
Wanting to act out a real-life version of Grand Theft Auto, an armed gamer drove past a Qld school pointing his weapon at terrified children who “believed they were going to get shot”.
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An aspiring ADF serviceman pointed a fake handgun at schoolkids through a car window and told them to “run, run, run” before later going on Snapchat and threatening to kill anyone who dobbed.
Grand Theft Auto gamer Lochlin Bailey Smith, 19, pleaded guilty in Yeppoon Magistrates Court on Thursday to going armed in public to cause fear.
The court heard that about 3.30pm on February 19, a 13-year-old girl and a boy, 11, both wearing Yeppoon State High School uniforms, got off a school bus at Yeppoon and were walking home.
Police prosecutor Mirren Smith said as the two schoolkids approached the intersection at Armstrong Road, they saw a black car.
“The front passenger (Lochlin) had the window down and pointed a handgun in their direction and yelled out words to the effect of ‘run, run, run’,” Ms Smith said.
“The two (kids) were scared and terrified, believing that the gun was real and that they were going to get shot.”
The court heard the car then drove off at speed and the two children went home and told their mum what had happened.
Police were notified and following patrols of the area, they did not initially find the car or those involved.
However, later that evening, a Snapchat video and messages were given to the mum of the children.
“These messages and videos identified the two people involved in the matter – one being (Lochlin),” the prosecutor told the court.
She also said that in a Snapchat recording, Smith was heard to say words to the effect of “Look I just saw a target rich environment, um I don’t know. I wanted to pull up... and do a drive by, even though it was unloaded.
“Um, had nothing in it. I couldn’t have actually shot anything and it’s a fake gun, but I don’t know. I don’t know, I don’t know what was going through my head. I just wanted to f***ing pull up like it was f***ing GTA, which is what I did.
“Bro, look, I’m getting away Scott-Free see, because if anyone dobs me in, I’m gunna kill them.”
The prosecutor said the day after the incident, police seized the weapon involved – a gel blaster metal handgun which was black with a timber-framed handle.
“This gun appeared real in general appearance,” she said.
She said Smith participated in a police interview.
“When questioned, (he) said that he had finished work at about 2.30pm (on the day of the incident) and had called a friend to pick him up.
“He said that when his mate arrived, he had another male person in the car with him, so he sat in the back and saw the gel blaster and started playing with it.
“He said that he was releasing the magazine, cocking it and releasing the slide.
“He said that the other male got dropped off at Pacific Heights and … he got into the front passenger seat and had the window down.
“He stated that he was being an idiot with it (weapon) and trying to be cool, and had the gun out the window, holding it and saw two young people in a school uniform.
“He stated that his mate that was driving told him not to point it and to get back in the car.”
The court heard that after the incident, the driver dropped Smith off at where he was staying, and the gun was left in the car.
The prosecutor also said that when police questioned Smith about the Snapchat messages and recordings, he said he was disgusted with himself.
“He stated that at the time, he didn’t realise the seriousness as to what he had done and stated that he was ‘just taking the piss’,” she said.
“He stated that after thinking it over, he was horrified at what he had done.
“(He) appeared remorseful for his actions and was co-operative with police throughout the process.”
She also said while Smith had no criminal history, this was “a serious and scary situation for the 11-year-old and the 13-year-old, and especially for the broader community.”
“He does need to be deterred from this – it’s my submission that a significant fine is within range for this charge.”
At that point, Magistrate Cameron Press interjected, saying: “Yeah, I think that’s far too low. This defendant might be facing a term of imprisonment here – this is a serious going armed as to cause fear. The maximum penalty is two years’ imprisonment … I mean there are some very serious aggravating features to this.”
Solicitor Dominic Jorgensen began to make his submission but before he could say much, Mr Press interjected and said: “Don’t go on with remorse.”
Mr Jorgensen said “no” before Mr Press added: “Because he didn’t have remorse – he only had remorse when he was picked up. He went on Snapchat and he makes threats to kill. And I wonder why there isn’t a charge in respect of that.
“I mean, this isn’t a fine situation, this isn’t a probation situation.
“If you want to submit for something of that nature, you will need some authority comparative.
“I mean this is pointing, a gun for all intents and purposes, at a (13) and 11-year-old in school uniform and telling them to ‘run, run, run.”
Mr Jorgensen replied: “Certainly, and no-one shies away from that fact at all. I do, from the outset, do have an apology (from Smith) I wish to tender.”
Again, Mr Press interjected, saying: “It is of little consequence – I’ll take it, I’ll receive it, I must. But I’m not impressed with that.”
Mr Jorgensen said in terms of the offending, by Smith’s own concession, it was an “appalling lapse in judgment” that was “spur of the moment.”
Mr Press again interjected, saying it was “not spur of the moment at all” because it “continued on” when it went onto Snapchat.
Mr Jorgensen replied: “Yes, Your Honour … he (Smith) understands the seriousness of the offending and the impact it would have had on the children.
“In my submission, the remorse was evident at an early stage, not immediately … but particularly when he participated with the interview with police – co-operated with the administration of justice.
“And I appreciate that Your Honour can attach limited weight to the apology.”
The court heard the written apology from Smith included details about how he was under “tremendous amounts of stress” at the time of the offending.
Mr Press said if Mr Jorgensen wanted him to make a connection between the “stress” and the offending, the solicitor would have to produce a psychiatric report.
That was not proceeded with.
Mr Jorgensen said Smith left school “part way” through Year 12 and at the time of the offence, he was working as a farmhand and a delivery driver.
“He is currently completing qualifications to work in the construction industry and has sent an application to the Australian Defence Force,” Mr Jorgensen said.
He also said that since the gun incident, Smith had received threats to his safety via social media.
“Ultimately, that led to him having to leave the region, cease employment, and cut all social ties,” Mr Jorgensen said.
“Now he’s currently residing with his stepfather in the ACT and that’s, in part, as a consequence of the backlash he received.”
Mr Jorgensen ultimately submitted a community service order was appropriate and he asked Mr Press to consider not recording a conviction as Smith had hopes of joining the Defence Force.
Prior to sentencing, Mr Press asked the prosecutor why there were no victim impact statements before the court and she said she could not answer that.
During sentencing, Mr Press took into account Smith’s guilty plea at the first opportunity, but he had some strong words to say to the teenager.
“This type of offending also requires denouncement – it is appalling behaviour,” Mr Press said.
“It is, from a 19-year-old, immature.
“Completely unnecessary.
“(These kids) did nothing to you. You just thought it would be a laugh to do it.
“It is dumb beyond dumb.
“And you have put yourself, Sir, at risk of receiving a term of imprisonment – albeit whether it be suspended or immediate parole.
“As to the remorse, well, I don’t place great weight on that, Sir.
“Because that remorse is only demonstrated when you get picked up by police – you then realise what you may have done and how serious it is.
“Because subsequent to you acting in this way, you go on Snapchat and say that you’ll get away with it, and that if anyone dobs you in, you will kill them.
“Where’s the remorse there?
“It was only when the police got you, that you then are sorry for the incident.”
Mr Press then raised his voice to add:
“If you had had remorse, you would have gone on your Snapchat and you would have said ‘I’m sorry for what I have done’.
“But instead, you make a threat. And now you come today with a letter – it doesn’t carry much weight does it?”
Mr Press also said it was “disappointing” there were no victim impact statements before the court or “any explanation as to why they are not before the court.”
“I expect these children were traumatised,” he said.
Mr Press placed Smith on 12 months’ probation and ordered he perform 100 hours of unpaid community service.
No conviction was recorded.
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