Grandfather convicted of shooting Reporoa boy

Brian Phillips, 67, was sentenced this morning in the Taupo District Court this morning. Photo/Ben Fraser

A Reporoa man who accidentally shot and killed his 11-year-old grandson during a hunting trip says no punishment imposed on him could "measure to the grief and guilt I impose on myself".

Brian David Phillips, 67, was sentenced in the Taupo District Court yesterday to four months' community detention after previously pleading guilty to one charge of careless use of a firearm causing death.

The charge relates to an incident on October 11 when Connor Brian Phillips, 11, was fatally shot while on a hunting trip in the Kaingaroa Forest, near Taupo.

Connor Phillips PHOTO/ SUPPLIED

According to the summary of facts released to the Rotorua Daily Post, a group of family members had spent the morning pig-hunting. As they were preparing to leave Connor got out of the car, leaving his door open, while his grandfather attempted to remove the ammunition from his firearm.

"At some point during this process it is believed the mechanism to eject the ammunition jammed... With the firearm jamming, [Phillips] lifted the firearm for closer inspection...as he did so, he turned towards the vehicle.

"As he attempted to clear the jammed firearm it discharged," the summary read.

The bullet travelled through the open driver's door and out the open passenger door where it hit Connor who was bent over removing his gaiters.

Connor died at the scene before emergency services could reach him.

Phillips wept in the dock throughout yesterday's sentencing.

In an affidavit read out by his lawyer Denise Johnston, Phillips described Connor as "awesome".

"He had a great future ahead of him ... He was a junior hunter following in my steps and would have taken over leading the pack."

Phillips said in the affidavit it was hard to live with what happened.

"I wish it was me. I was meant to go before my grandchildren. It is a heavy burden I carry every day. It is a life sentence."

Ms Johnston said Phillips was "unlikely to hunt again - a man who grew up hunting, taught his children to hunt and taught his grandchildren to hunt".

The public gallery was full of family members supporting Phillips.

Justin and Olivia Phillips, Connor's parents, were notin court but in a letter read by Judge Tony Snell they said: "In our hearts we have forgiven Brian as Connor would have wanted."

"Brian is a kind, caring grandfather, father, father-in-law and brother who always put others first especially his pride and joy - his 10 grandchildren."

They said any punishment inflicted on Phillips, particularly imprisonment, would re-victimise the family.

Several affidavits from family and community members were submitted to the court describing Phillips as a "generous, honest man with integrity" and someone who "uses his money, time and skills for his family and the community".

Judge Snell declined Phillips' application for a discharge without conviction stating the direct and indirect consequences of conviction were not disproportionate to the offence.

"The offending falls in the lower middle range ... the key rule of using firearms is they must always be pointed in a safe direction. With five children in the area, extra care should have been taken.

"It is very clear the sentence I impose today is nothing compared with how you are treating yourself," Judge Snell said.