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Air rifle husband bound over by court to keep the peace
6:00pm Friday 28th September 2012 in News
A 40-year-old man has been bound over to keep the peace following an incident in his loft with an air rifle.
Gary Miller, of Guppy Street, Rodbourne , had been charged with possessing a firearm with intent to cause fear of violence and threats to kill his wife.
But after he pleaded not guilty to both counts a judge at Swindon Crown Court bound him over to keep the peace for a year in the sum of £500.
It had been alleged he told friend Emma-Jane Johnson he was going to kill his wife, Sarah Miller, as he had the .22 air rifle on August 4.
Miller pleaded not guilty to threats to kill and possessing a firearm with intent to cause fear of violence.
Hannah Squire, prosecuting, said it had been decided not to proceed with the more serious allegations as the matter had been ‘over charged’.
Although he may have said he intended to kill his wife it was never meant to be taken as a serious threat but something uttered in the heat of the moment.
She said: “The complainant, Emma-Jane Johnson, has made it clear this is more than she wanted to happen, he was out of order on this occasion.
“She makes it clear on the whole he is generally a good man. They were up in the loft of the address. Alcohol was probably involved, there was bickering between the two.
“He picked up an air rifle he had in the loft and he made a threat with it: ‘I'm going to kill her’. There was no intent or force behind that phrase."
Rob Ross , defending, said his client was prepared to be bound over and was currently living in the Fareham area.
Judge Euan Ambrose said: “The Crown has offered no evidence against you on each count, on each I enter formal not guilty verdicts. You have expressed your willingness to be bound over: from what I have heard it is an appropriate exercise of my powers to do so."
He bound him over to keep the peace and be of good behaviour towards Miss Johnson and Mrs Miller.