Coroner calls on government to consider amending state’s gun laws after death of Dustin Buckley

In 2017, Dustin Buckley was accidentally shot in the head by a mate. Now, a coroner is calling for the state’s gun laws to be reviewed after an investigation into the teen’s death.

State coroner John Cain has made a series of recommendations to Attorney-General Sonya Kilkenny regarding gun laws. Picture: David Crosling.

Victoria’s top coroner has called on the state government to consider creating a new criminal offence after an aspiring carpenter was accidentally shot in the head.

Dustin Buckley, 17, was with a group of friends in the Neerim East State Forest near Mt Baw Baw when he was shot dead on August 27, 2017.

State Coroner John Cain recently handed down his findings into Dustin’s death, recommending Attorney-General Sonya Kilkenny consider amendments to Victoria’s criminal and firearms legislation to create an offence “prohibiting the pointing of a firearm at another person’s face or head”.

Judge Cain also recommended Ms Kilkenny consider making it a requirement for those involved in fatal and serious firearms incidents to undergo mandatory drug and alcohol testing.

Dustin Buckley, 17, died after being shot at Neerim East Forest. Picture: Supplied

Dustin had travelled to Neerim East for a shooting trip with his teenage friend, referred to as KD for legal reasons, and his cousin Daniel McConnell, 27.

The trio ventured to Cat Track with guns, including a .22 calibre Savage branded rifle, to shoot at a discarded TV.

At one point, KD loaded four bullets into the .22 rifle and fired it “several” times, believing he had emptied it.

KD claimed Dustin then picked up the rifle and jokingly pointed it towards his own head, which prompted KD to grab the firearm to take it off him.

During the tussle, the gun discharged, firing a bullet into Dustin’s head.

KD and Mr McConnell rushed Dustin to Neerim District Soldiers Memorial Hospital where they told staff and police a fabricated story that Dustin had been hit by a ricocheted bullet while out yabbying.

Dustin died later that day surrounded by family at the Royal Melbourne Hospital.

KD and Mr McConnell signed false police statements in the days following the incident, only to come to clean upon their arrests.

In 2021, KD pleaded guilty to reckless conduct endangering life and attempting to pervert the course of justice and was sentenced to a three-year community corrections order.

Mr McConnell also pleaded guilty to attempting to pervert the course of justice.

Dustin died surrounded by family at the Royal Melbourne Hospital. Picture: Supplied

Writing to the court after the case had concluded, Judge Cain said the Buckleys had concerns over KD’s alleged behaviour around firearms and the police investigation following Dustin’s passing.

“KD allegedly had a history of pointing firearms at other people and pulling the trigger,” he wrote.

“He allegedly did the same to Dustin in the past which was captured on a Snapchat

video, however this was not taken into account during the criminal proceedings.”

The Buckley family was told by police that even if KD had pointed the gun at Dustin’s head, it would not automatically permit police to charge him with manslaughter as there is no specific offence of pointing a weapon at a person.

This is because manslaughter requires an accused to have committed an “unlawful” act.

It was also revealed neither KD or Mr McConnell had been tested for drugs or alcohol after the incident.

Judge Cain made several recommendations to Attorney-General Sonya Kilkenny. Picture: Valeriu Campan

Judge Cain agreed with Victoria Police the offence of conduct endangering persons suitably covered the act of pointing a firearm at a person.

He said any new offence would require consultation with various stakeholders.

“As these are complex issues and that will likely require input from several interested parties, I am of the view that it would be appropriate to review the current legislative framework and consult with appropriate bodies to determine the appropriateness of any such changes,” he said.

“I convey my sincere condolences to Dustin’s family for their loss.”

Originally published as Coroner calls on government to consider amending state’s gun laws after death of Dustin Buckley