A young man seen in public with an air rifle and an axe has avoided jail

CCTV of Joshua Gray, 20, from Hadrians Close, Stratton, was given to police showing him at Whitehall Business Park, Royal Wootton Bassett, with the two weapons. 

The woman who brought the footage forward said she found it very worrying viewing, and feared that someone would get hurt because there were flammable containers that if shot or crashed into by cars could cause death. 

But, representing himself, Gray told magistrates that he was simply at the business park to "blow off steam" with some friends and was using the rifle to shoot cans and old chairs and the axe also to hit cans and other objects off wheelie bins. 

He said: "I was with a closed friend group and we attempted to do it with minimal public risk, under the belief where we were was private land.

"I am trained to use the rifle, and I was shooting down range away from hazards towards woodlands."

He admitted to a lack of research regarding the law, specifically that even though the business park was privately owned, it was still considered a public place. 

Sentencing guidelines for possessing a loaded air weapon and a bladed article in a public place dictated that Gray could have expected to receive a custodial sentence, even though it was conceded that he was not using the weapons to intimidate, or for any other criminality. 

But magistrates said it was in the interests of justice to act outside the guidelines on this occasion.

"We have thought long and hard about the matters we have heard about today," they said. 

"Today you have shown maturity, and you clearly took a number of steps to do this activity safely,

"You misunderstood the meaning of a public place in regards to a private place and you are someone of previously good character.

"Cases involving weapons and bladed articles are high profile and courts asked to deal with these offences more seriously.

"We don’t consider that you used these weapons to threaten or intimidate anyone, but we are still asked to do what we’re asked to do in regards to sentencing.

"However for these offences, we have stepped outside our guidelines, we are going to fine you this matter."

A relieved Gray was ordered to pay a fine of £1,250, a surcharge of £500 and court costs of £85.

Magistrates added: "This in lieu of custody so it’s a good deal, but it is a sobering amount of money I have to say."