A man has admitted shooting his neighbour with an air rifle earlier this month while taking pot shots out of his block of flats, but denies possessing the weapon illegally.

Sean Davis, of Palomino Place, Purton, appeared at Swindon Crown Court yesterday and pleaded guilty to one count of reckless assault occasioning actual bodily harm.

The 24-year-old will stand trial on a separate count of possessing an SNK .22 calibre air rifle within five years of the date of his release from a youth offenders’ institution.

John Lynch, defending Davis, told the court a guity plea would be entered on the provision that the count of actual bodily harm was accepted as a reckless act.

“He will be putting in an interim plea to the first count on the basis that it is a reckless ABH,” he said.

“He is pleading not guilty to the possession of the air rifle weapon.”

Claire Marlowe, prosecuting, said Davis was likely to be sentenced for the charge of ABH after the trial.

“Count two will have to be tried by a jury, and they will take into consideration and form a view about count one when those proceedings are over,” she said.

His Honour Judge Tim Mousley QC told Davis: “The trial will be set for July 14 with a time estimate of two days. I grant you bail between now and then on the same conditions that apply.

“If you fail to come to court on that date the trial may take place in your absence and if you commit any other offence you will be in breach of your bail and will return to court.”

At an earlier hearing following Davis’s arrest on January 3, James Burnham, prosecuting, told Chippenham Magistrates court: “The allegation is that he has got a gas-propelled gun with sights and has shot somebody with that, causing them injuries, with pellets buried inside the victim.

“The ambulance is called and the ammunition has to be pulled out. It is a very serious allegation but we have to look at the Bail Act to determine whether remand in custody follows that.

“There have to be various concerns about further offences, and the weapon is no longer in his possession.

“His last appearance before the court was two years ago, with a community order with supervision imposed for a period of one year. That was for an offence of battery. This allegation is for shooting a neighbour with a gun, and he does not have access to a gun now.”

Davis was released on conditional bail under a tagged curfew from 8pm to 6am at an address in Devizes, and was ordered not to go to Mustang Way in Purton or to contact the complainant.