Karl Peters in the Gisborne High Court where he was sentenced to three years in jail after pleading guilty to manslaughter in relation to the death of John Atkins (background) of Tolaga Bay. Photo composite / NZME
Karl Peters in the Gisborne High Court where he was sentenced to three years in jail after pleading guilty to manslaughter in relation to the death of John Atkins (background) of Tolaga Bay. Photo composite / NZME
The mother of a man fatally shot by a boy in an East Coast hunting incident has had her heart “shattered into a million pieces”.
She was so upset she could not bring herself to attend the sentencing of the man charged over his death, a court has been told.
John James Stuart Atkins died after being shot by a boy under the supervision of Karl Eric Peters while out hunting on the night of August 24 at Tauwhareparae Rd near Tolaga Bay.
Peters was today sentenced in the High Court at Gisborne to three years in prison after earlier pleading guilty to the manslaughter of Atkins.
The total sentence includes eight months’ jail for possessing cannabis for supply, unlawful possession of a firearm and possession of a firearm without a licence.
The family was grieving and angry. Her mother’s heart “had been shattered into a million pieces” and she could not bring herself to attend the court proceeding.
Her brother’s “three babies were struggling”, she said. “Their dad will not be here anymore.
“John was a rogue, our rogue. He had the big smile to light open a room. You [Peters] still get to see your family – John doesn’t.”
Ella Atkins said she accepted it was a tragic accident but it could have been avoided and it should not have happened. Peters had not checked or confirmed the target.
Justice Peter Churchman said Peters had been “reckless”.
Aggravating features included him not identifying or confirming the target, despite knowing there were other people in the area, the judge said.
Peters had met Atkins and his two hunting companions earlier that night.
Peters had no firearms licence – his previous one had expired in 2012.
An application for a new licence had been denied because of activities involving poaching, the judge said.
The tragic accident could have been avoided if not for the “failures” Peters committed that night.
The judge accepted Peters was sincerely remorseful. He had taken responsibility and was willing to take part in restorative justice.
He had entered a guilty plea at the earliest opportunity.
The judge set a starting point for sentencing of five years in jail and gave discounts of 25% (15 months) for the early guilty plea, 10% (six months) for sincere remorse and 5% (three months) for his previous good character.
Defence counsel Rachel Adams said the charges did not define Peters.
He was a committed family man, a hard worker and was devoted to his community.