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The Canberra Times
The Canberra Times
Hannah Neale

Shooter released from jail after 'good fortune' no one was caught in crossfire

It was "only by good fortune no one was caught in the crossfire" when a man, who called himself Uncle Big Mac, fired a shotgun out of a stolen car, a judge has found.

The man, and two co-offenders, showed "an enviable capacity to live in the moment without fearing the reckoning" by filming parts of a month-long crime spree, Chief Justice Lucy McCallum said on Monday.

In the ACT Supreme Court, the shooter, 21, was released from jail after spending 18-months behind bars on remand.

He had previously pleaded guilty to three counts of driving a motor vehicle without consent, as well as single charges of unauthorised possession or use of a firearm, burglary, arson, and aggravated dangerous driving.

Chief Justice McCallum sentenced the man to a drug and alcohol treatment order for three years and eight months, with the custodial part of the sentence suspended.

She found that while the man had not deliberately pointed the gun at a person, "it was nonetheless a dangerous act".

"[The gun was fired] in the middle of the night towards a park, where it was only by good fortune no one was caught in the crossfire," Chief Justice McCallum stated.

"Any firing of a firearm into the dark carries the risk of tragic consequences."

Agreed facts state the man was involved in the theft of several cars during the spree with the two co-offenders.

The offences were filmed by the men, who cannot be named for legal reasons, in a series of videos spanning the month of July 2022.

A still from footage showing the man shooting out of a stolen car. Picture supplied

In one video, the 21-year-old can be seen inside a stolen Ford Focus. In the footage a voice is recorded saying "hocus pocus, get out the focus".

About 12am on July 2, 2022, the man was filmed in the driver's seat of the stolen Ford, wearing a black balaclava, and holding a shortened double-barreled shotgun.

The offender says "they call me Uncle Big Mac", before pointing the gun out the window and firing twice.

He then says: "That's how we do this".

Later that day, he was filmed striking the car with "pole-like objects" while it was on fire, the facts state.

The 21-year-old and one of the other offenders is recorded saying: "There's a nice profile picture to get, I've got the photo, on fire with the brothers, I can feel the heat from here."

On Monday, Chief Justice McCallum said the man's actions "paint a picture of impulsiveness, recklessness and naivety".

The judge found the three offenders "tended to egg each other on".

Chief Justice McCallum said the 21-year-old's crimes were significantly impacted by his addiction to drugs, namely methamphetamine which had been introduced to him by a family member when he was only 14.

Court documents state that on July 5, 2022, police saw the offender driving a stolen Audi A5.

When officers tried to overtake the car, he veered suddenly into the right-hand lane and blocked the police vehicle.

He then swerved back and forth before conducting a u-turn and speeding off.

On Monday, Chief Justice McCallum described this as "reckless and brazen".

She said the dangerous driving "could have ended tragically. It shows little regard or care for human life."

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