THREE YEARS JAIL FOR SHOOTING DEAD CANNABIS GROWER

A cannabis grower shot dead by a farmer while tending his crop had no right
to be on the property but that did not justify killing him, Justice
Williams said in the High Court in Rotorua on Friday.

He sentenced Brendon John MacDonald, 27, to three years imprisonment for
the manslaughter of Grant Michael Bourne, 36, on at Paengaroa, 32km
southeast of Tauranga, on January 14 last year.

Mr Bourne was shot in the back with a .308 rifle by MacDonald while tending
his plot of 25 cannabis plants on MacDonald's property.

The court was told some time before January 14 MacDonald found the cannabis
plants.

On January 14, MacDonald and his father became aware of people on the property.

MacDonald loaded a high powered rifle and fired two shots into the ground.

"At that point Mr Bourne broke cover and ran down the steep face and jumped
over the fence into the neighbour's property," Justice Williams said.

MacDonald then fired another shot as a warning, not intending to kill or
shoot Mr Bourne, Justice Williams said.

MacDonald was deeply upset and called an ambulance and police immediately.

He gave a frank explanation to police and offered to plead guilty to
manslaughter at the earliest opportunity but the Crown charged him with
murder, of which he was found not guilty.

The judge said it was not clear why MacDonald used such a high powered
firearm or why MacDonald did not take the plants out of the ground when he
first saw them.

Justice Williams said Mr Bourne had no right to be on the property. He was
a trespasser and was committing a criminal offence. MacDonald may have been
very annoyed and even outraged.

"Many property owners would feel the same."

But he had no legal justification for shooting Mr Bourne, Justice Williams
said.

The proper course of action would have been to call police when MacDonald
realised there were trespassers on the property although he was aware
police were some distance away.

Justice Williams said he had received 30 testimonials on MacDonald's behalf
which were impressive.

MacDonald was hardworking, community-minded and a quiet person and the
chance of re-offending was low.

Crown solicitor Rob Ronayne said it was a case of reckless use of a firearm
and MacDonald taking the law into his own hands.

Defence lawyer Paul Mabey submitted MacDonald's behaviour was not reckless
but careless and did not intend to injure or kill.

"He never said he was innocent but he has always said he is not a murderer.
He is prepared to pay the price for a death but only the proper price.

"He is hardworking, a good guy, a good mate, someone you can rely on. He's
quiet, shy, perhaps lonely. He is just a country boy.