June 22, 2015 - 2:30 PM
PENTICTON - A 19-year-old Penticton man sentenced last week for brandishing and shooting people with an airsoft handgun on city streets on two separate occasions, had his sentence reduced today.
Christian Darren Leggatt, will serve 60 days less than the 90 originally sentenced, following the correction of an an error in evidence discovered at his sentencing hearing June 15. Leggatt was found guilty of possession of a weapon for dangerous purposes, assault with a weapon and assault causing bodily harm.
Both Crown and defence counsel expressed their apologies for misunderstanding a police report regarding the seizure of Leggatt’s airsoft handgun. The evidence originally put forward indicated Leggatt had re-armed himself prior to committing a second incident with the handgun, but in fact, had maintained possession of a single weapon since the commission of the first offence.
“There was only one gun. I was in error when I advised you two guns and told you Mr. Leggatt armed himself,” Crown Prosecutor John Swanson told court, asking the judge to reconsider the length of sentence previously handed out.
Judge Koturbash said the perception Leggatt had re-armed himself was a “particularly aggravating factor” in his judgement, re-adjusting Leggatt’s original sentence for possessing a weapon for dangerous purposes from 90 days to 30 days.
Leggatt used what was described in court as an airsoft handgun in two separate offences in March 2015.
Outside court today, June 22, Crown lawyer John Swanson said the air powered weapon’s muzzle velocity was unknown, as it had never been tested, but had been powerful enough to “break the skin” of the first victim.
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News from © InfoTel News Ltd, 2015