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 Sebastopol drive-by shooter sentenced 

Sebastopol drive-by shooter sentenced

09 Feb, 2010 12:00 AM
HARLEY Cannard was not happy when a motorbike he paid a couple of hundred dollars for was stolen before he could pick it up.

The 20-year-old was so upset that he went several times to the Sebastopol home of the man he bought the bike from, and demanded money, punched him, threw items at his house and car and, ultimately, fired a shotgun.

After shooting at the victim's car in the early hours of October 28, Cannard targeted another vehicle in Ballarat. Two more vehicles were reported with shotgun damage that morning.

Cannard was yesterday convicted and sentenced at the Ballarat Magistrates Court to a 15-month community-based order after he pleaded guilty to 19 charges.

Magistrate Kay Robertson took into account that he had spent 69 days in jail since his arrest on October 28. She denounced his behaviour, saying his offending terrified the community.

The court was told Cannard drove to the motorbike owner's Albert St home, where he lived with his partner and young children, in June, August and October and demanded money.

In mid-October Cannard told the man not to be "smart" because he had a gun.

Police prosecutor Sergeant Bob Anderson said the man woke to a loud bang at 2.45am on October 28 and saw a white Commodore sedan outside his house, with Cannard leaning out the back window, holding a shotgun, before a shot was fired at the front of his car.

Sgt Anderson said the second victim was woken when a white Commodore parked at the front of her Joseph St home. There was a loud bang and her partner told her to get down and they both dived to the floor.

Two more cars received gunshot damage in Landsborough St and Main Rd.

Police searched Cannard's home and uncovered a sawn-off shotgun, as well as ammunition, adrenaline and amphetamines. A white Commodore was seized from the property.

Defence lawyer Mike Wardell said his client felt he had been cheated over the motorbike incident, and a dispute started.

"It was in that context that he committed the offence with the shotgun on that person's car," Mr Wardell said.

He said Cannard took responsibility for the first shooting incident, but was acting in concert during the following incidents.

The court was told it was the prosecution's position that a community-based order was within the boundaries of sentencing.

Mr Wardell said Cannard was young, had good prospects of rehabilitation, had family support and had pleaded guilty.

Cannard's charges included eight counts of criminal damage, one count each of being a prohibited person possessing an unregistered firearm, unlawful assault, dealing with property suspected to be the proceeds of crime, obtaining financial advantage by deception, possessing amphetamine and two counts of handling stolen goods.

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Court sketch of Harley Cannard by Edward Coleridge.
Court sketch of Harley Cannard by Edward Coleridge.

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