Magistrate Philip Stewart has told a Bogan Gate man that his behaviour amounted to "vigilante action" and "taking the law into his own hands" after he threatened to kill a neighbour's dog.
Adon Williams (38) of Lachlan Street, Bogan Gate, was before Parkes Local Court on Monday, November 18, charged with using an offensive weapon with intent to commit a serious indictable offence at Bogan Gate on September 13.
According to Police facts tendered in court, Williams' victim said he verbally abused him, alleging the victim's dog had attacked him at his house.
"You have 30 seconds to go get it or I'm going to blow its head off," Williams told the victim.
He walked back to his vehicle and drove off, but returned a short time later.
"Did you go get him?" Williams yelled at the victim before grabbing an object from the front seat and pointing it at him.
The victim described the object as being a single barrel shotgun and told police he thought he was going to be shot.
After unsuccessfully trying to entice the victim to a physical fight, Williams drove off and the victim called police.
Police spoke to Williams who denied the allegation of being in possession of a firearm.
Williams told police he was in possession of a steel pipe with which he intended hitting the dog over the head.
He took police to the rear of his yard where they recovered a 40cm steel pipe.
Williams was arrested and taken to Parkes Police Station.
He told police as he was leaving for work, the victim's dog bailed him up in his yard, growling and barking and he thought he was going to be attacked.
He said it angered him as his daughter could have been outside and attacked by the dog.
Williams made full admission to attending the victim's house in a threatening manner instructing the victim he had 30 seconds to get his dog or he would "finish it".
When asked what he meant by "finish it", he explained he was going to kill the victim's dog.
He told police he drove home and grabbed a piece of steel from a scrap pile before driving around looking for the dog with intentions of killing it by tapping it on the head.
Williams told police he had "just lost it" as he was sick of the victim's dog always roaming the streets aggressively and was still adamant that if he sees the dog out of its yard he will kill it.
Williams' solicitor Ben Ward told the court his client had no prior violence related offences.
"My client has three children aged six, eight and 10 and has concerns for their safety when they are in the yard and when unsure where the dog may be or what the dog might do," Mr Ward said.
Magistrate Stewart told Williams he understood him being upset on behalf of his children with the dog getting out.
"Take photos of the dog, ring the council, they have the ability to have the dog declared a dangerous dog or there are other categories they can have imposed on the dog and if the dog gets out again then it gets impounded," he said.
"If it gets impounded then the other fellow is up for costs to get the dog out or might have to get the dog destroyed.
"That's the proper way to do it, not to take matters into your own hands."
Magistrate Stewart placed Williams on a Community Correction Order for 12 months.