A man who tried to pull a semi-automatic rifle on police has been sentenced to nine months’ home detention.
Two officers attended 62-year-old David Hiom’s rural address on November 22, 2021, to enforce a court order which directed him to vacate the home.
He should have been out of the house the previous day, the Dunedin District Court heard yesterday.
He met police at the front door and they informed him that remaining at the property would constitute trespassing.
As the conversation progressed, one of the officers — a sergeant with 18 years’ experience — noticed Hiom reach for something behind the door.
He asked what Hiom was doing and when he received no explanation he tried to physically restrain him.
As the scuffle moved inside, it became clear the defendant had stashed a .223 semi-automatic rifle, wrapped in an anorak, by the door.
The pair fell to the floor as Hiom maintained his grip on the weapon.
The second officer — a similarly experienced senior constable — fought to pry the firearm from the defendant’s hand.
When eventually she was successful, her colleague got up and threatened Hiom with a Taser.
One handcuff was applied to the man but before the second could be secured, he lashed out again and had to be "wrestled under control", the court heard.
Police later discovered the rifle’s safety catch was on but it was loaded, with a round in the chamber and others in the magazine.
A search of the house turned up 2344 rounds of ammunition.
Hiom’s firearms licence had been revoked 15 months earlier, court documents said.
Judge Jim Large praised the officers for their bravery.
"That shows real dedication to their duty, not only to protect each other and themselves but to protect you," he told Hiom.
Neither had sustained serious injury but, in statements before the court, both said they had spent time considering how much worse the situation could have been.
Counsel Meg Scally said her client, who had no previous convictions, had no intention to harm the officers that day.
A head injury and deteriorating mental health meant it was "a perfect storm", leading to the incident.
"He’s not been a well man for a long time," Ms Scally said.
"At the time he was isolated and had a complete lack of support, which allowed the illness and situation to fester."
Hiom’s brother was a police officer, so he was sympathetic to the challenges of frontline staff, she said.
Taking into account the significant time the defendant had spent behind bars, in a mental health ward and on electronically monitored bail, Judge Large ruled a prison term would be too harsh.
He made an order for destruction of the Hiom’s firearm and ammunition.
