Grandfather convicted of shooting boy

Brian Phillips in court. He accidentally shot Connor, 11, while on a hunting trip in the Kaingaroa Forest, near Taupo. Photos / Ben Fraser and Supplied

The grandfather of a Reporoa 11-year-old boy has this morning been convicted and sentenced to four months' community detention in relation to a hunting accident in which the boy was fatally shot.

Brian Phillips, 67, was sentenced this morning in the Taupo District Court after previously pleading guilty to careless use of a firearm causing death.

The charge relates to an incident earlier this year which saw Connor Brian Phillips, 11, shot while on a hunting trip in the Kaingaroa Forest, near Taupo.

Phillips wept in the dock throughout the proceeding.

Phillips' lawyer, Denise Johnston, applied for a discharge without conviction for her client but Judge Tony Snell convicted him and sentenced him to four months' community detention.

Phillips had interim name suppression, which lapsed this morning.

In an affidavit which was read in the court this morning by Ms 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 and no punishment imposed on him could "measure to the grief and guilt I impose on myself every day".

"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."

The public gallery was full of family members supporting Phillips.

Justin and Olivia Phillips, the parents of Connor, were not at the sentencing but in a letter read by Judge Snell 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."

In their letter they said any punishment inflicted on Phillips, particularly imprisonment, would cause re-victimisation for the family.

Judge Snell declined the defendant's application for 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.