At sentencing in the Tauranga District Court this week, the court heard the dog had previously been on his property, rifling around in his rubbish bins.
After the shooting, its owner rushed the dog to a vet in Katikati, where it was given adrenaline and CPR.
However, it was unable to be saved, as the slug, which was lodged in its stomach, had caused “massive bleeding”.
Forsyth said he never meant to kill or hurt the dog. He had aimed at its feet and only wanted to scare it away.
In a letter of explanation provided to the court, Forsyth said he’d seen the dog on his property in the months leading up to the incident.
His letter said that, to him, the dog had appeared “malnourished” and “feral”.
The dog would get into his bins, tip them over, and rubbish would end up strewn across his driveway.
He also explained that he had health challenges and anxiety at the time, which affected his state of mind.
He had experienced “depression, anxiety and a sense of powerlessness”.
He wrote that while that was not an excuse, “these factors have contributed to the frustration that I felt on that day”.
‘It was a mistake I very much regret’
Forsyth’s letter of apology to the dog’s owner said he deeply regretted his actions.
“I have written to the dog owner expressing my sincere apologies for my actions and my condolences for his loss,” Forsyth wrote to the court.
“It was a mistake I very much regret and am sorry for.”
Forsyth’s lawyer, Christina Hatton, told the court Forsyth had undergone counselling and said he was able to pay the $752.50 reparation sought.
Judge Bill Lawson said he accepted Forsyth was remorseful.
“It’s clear that you understand the impact of your behaviour,” he said.
There were letters of support indicating Forsyth was “regarded highly” in his community.
Forsyth had been willing to attend restorative justice, and while that could not happen for “various reasons”, his willingness was something the judge took into account.
However, Judge Lawson also told Forsyth, “This sort of ill-treatment of a dog with a firearm can often and sometimes does draw a sentence of imprisonment”.
Forsyth faced charges of unlawful possession of a firearm and the cruelty/ill-treatment of animals.
“The risk of this type of behaviour is not just the risk to the community, discharging a firearm, but it’s a risk to yourself… of being incarcerated,” Judge Lawson said.
However, taking on board Forsyth’s acceptance of responsibility and clear remorse, the judge stopped short of a prison sentence.
Judge Lawson sentenced him to four months’ community detention, with a curfew of 7pm to 7am.
Forsyth was ordered to pay reparation of $752.50 for vet bills, and an order was made for the destruction of the firearm.
Hannah Bartlett is a Tauranga-based Open Justice reporter at NZME. She previously covered court and local government for the Nelson Mail and before that was a radio reporter at Newstalk ZB.
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