Mildura Man Escapes Conviction After Shooting Dog in Essendon

A well-known Mildura man has escaped conviction after shooting a dog in Essendon in the hind leg, rib cage, and shoulder.

John Charles Green, 59, pleaded guilty to wounding a dog, failing to store a long-arm weapon in a secure manner, and being armed with a firearm with criminal intent.

Mr Green ran PJs Foodworks, a supermarket in Mildura in Victoria's north-west for three decades, before selling the business and moving into retirement.

He and his wife own a unit in Essendon, which they use when visiting medical specialists in Melbourne.

The neighbouring home had four dogs, which the Broadmeadows Magistrates' Court heard would frequently bark.

The court was told on the morning of December 14 last year, after being woken at 2am, Mr Green fired an air rifle at least three times at a white-coloured Maltese Shih tzu named Otis.

Stress percolating for months

The court was told Mr Green had taken an air rifle from Mildura to Essendon on a previous occasion, with an intent to "ward off" the dogs next door should the barking persist.

Mr Green had no history of violence or cruelty to animals or humans prior to this event.

Defence lawyer Charles Morgan said Mr Green had been dealing with the issue of barking dogs for months, and had gone to council's dog barking register in an attempt to deal with it legally.

A psychological report determined Mr Green's decision to use the air rifle was the result of acute psychological distress, which overwhelmed his capacity for rational decision-making

The court heard Mr Green had been struggling with a loss of identity and not having a purpose since retirement.

He was also under ongoing heightened stress after becoming a full-time carer for his wife, who had complex medical issues.

"He just cracked," Mr Morgan said.

The court was told Mr Green did not seek to make any excuses for his actions, and he felt guilt, embarrassment and shame at the out-of-character decision.

Otis found bleeding

The court heard Mr Green's neighbour went to take his dogs for a walk and noticed bleeding when trying to put a harness on Otis.

The small dog had three bleeding wounds, on his left rib cage, left hind leg, and right shoulder.

The owner investigated the wounds and retrieved a pellet from the dog's left rib cage after feeling something metallic.

Police were called, and they noticed a .177 Air Lucznik air rifle leaning against the wall of Mr Green's property.

He was interviewed and made full admissions, and surrendered a tin of air rifle pellets.

Otis was taken to a nearby animal referral hospital, where X-rays revealed a pellet was lodged deeply in his skin, near his heart.

The veterinarian was unable to safely remove the pellet, as it was too deep in the muscle, and risked causing a collapsed lung.

The aftermath

Otis will require regular and continued monitoring to ensure no issues arise, the court was told.

A victim impact statement from Otis's owner was read in court, revealing Otis was moved to another property as a result of the shooting.

His owner said the ordeal had caused profound stress, trauma and sadness.

"Before this I felt safe at home, since the shooting I no longer feel safe at my property," the victim said.

Mr Green is now seeing two treating psychologists, is no longer in possession of firearms, and has agreed to pay the full cost of Otis's emergency veterinary bills, amounting to $2,541.50.

He was fined $5,000 by the court, without conviction.

Had Mr Green not pleaded guilty, he would have been sentenced to four months' imprisonment.