Related: Jail sentence after Eaglehawk siege
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Related: Eaglehawk siege last five hours
RICKY John Darmody shot at his next door neighbour’s house with a sawn off rifle while he was holed up inside his own house during a five-house siege in Eaglehawk in January, Bendigo County Court heard.
Darmody has been sentenced to one year and 11 months jail, 200 hours of community work and a three-year community corrections order for three charges and summary offences.
The court was told Darmody, 46, had fall into an old heroin habit at the end of last year after the death of his brother, a likely factor in the January 10 siege.
A dispute with a neighbour over a barking dog on Red Hill Court escalated quickly and resulted in Darmody shooting his gun in various directions.
The court heard he did not aim at any people in the vicinity, but a ricocheted bullet hit the leg of one man.
He retreated into his house when police arrived at the scene, where he also possessed an explosive device made of firecrackers and .22 calibre ammunition.
While in the house, Darmody continued to fire his gun towards a neighbour’s house.
Judge Richard Maidment said Darmody should be “thoroughly ashamed” of his actions on the day.
“It may be that you had to some extent felt provoked,” he said.
“It may be that to some extent there was a perception on your part that at least one of your victims may have been associated with some rumours that had been put about you.
“However, it does not on any basis excuse conduct as dangerous as your conduct on this day.”
The man who was hit by a ricocheted bullet did not require serious medical treatment.
Judge Richard Maidment said it was lucky no one was killed during the resulting siege.
“You had no control over ricochet,” he said.
“It was thoroughly dangerous conduct on your part and was capable of endangering life.
“Similarly, your conduct once you were holed up in your home and firing at the home of a neighbour in the proximity of an occupant of the house… was a thoroughly dangerous act.”
The court heard Darmody had made several attempts at rehabilitation and the gaps between his offending had widened.
In sentencing, Judge Maidment took into account the guilty plea and his rehabilitation efforts.
He said an option available to Victorian judges since January this year allowed him to combine imprisonment with a community corrections order – acting as a suspended sentence.
“Ordinarily offences of this kind would require a substantial term of imprisonment and one that would be outside the range that would be available for a combined sentence of imprisonment and community corrections order,” Judge Maidment said.
“However, the case of Boulton which has often been quoted since the beginning of this year, does change the landscape even for offences as serious as yours.”
Darmody has already served five months in custody.