ACT court sentences Darko Felding to suspended jail term for using nail gun to shoot man at Taylor party

Darko Felding fronted the ACT Magistrates Court on Wednesday after pleading guilty to assault occasioning actual bodily harm and possessing an offensive weapon with intent.

Agreed facts state that during the time of the shooting in November 2020, there was animosity between Felding's wife and a woman who lived on the same street in Taylor.

During the evening in question, insults were exchanged over the phone and Felding's wife decided to confront this woman in person.

When Felding, in his early 50s, and his son, Zachary Felding, became aware of this plan, they both armed themselves with a nail gun and accompanied Mrs Felding.

During the 350-metre walk to the other house, where a party was in progress, Felding fired some warning shots at the ground and into the air.

He was confronted at the other house by one of the party host's male cousins, who urged the offender to put the nail gun down.

Felding defied this request and, as this man walked towards him, fired his nail gun from about two metres.

"The nail struck [the man] in the middle of the forehead, piercing his skin and causing him to bleed," the facts state.

"The nail was embedded in [the man's] forehead, and [he] pulled it out."

Felding believed at the time of firing that it was necessary to do so in self-defence, but later conceded in court that it was not reasonable.

Following the shooting, the victim rushed at Felding and tackled him to the ground, leading to a scuffle involving the pair, Felding's son and one of the victim's friends.

As Felding returned home, he fired nine more nails towards the party host's house.

Police arrived to find nails scattered all over the ground and the victim bleeding from the forehead.

Officers then visited Felding's home, where they discovered him in a torn singlet and with blood coming from his left eyebrow.

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For the assault, magistrate Glenn Theakston handed him a suspended three-month jail term upon him entering a 12-month good behaviour order.

Felding was sentenced to the rising of the court for the weapon offence.

Mr Theakston said he agreed with the suggestion that the offending had "some degree of madness" and that "it did not make sense".

He said the assault was a serious example because "it comes with possible serious consequences".

"Everyone's lucky here that it [nail] didn't strike an eye or something else more serious happening," he said.

"Having said that, I cannot sentence the defendant for what may have occurred but for what did occur."

The magistrate said the offender had time to contemplate the situation as he walked towards the other house and did so while holding the nail gun.

"A suspended sentence can adequately address the purpose of sentencing here ... It's a real sentence," Mr Theakston said.

"To send a message again to this defendant but also to others that it's not appropriate to engage in confrontation such as this."

The court heard that references about Felding's character painted "a picture of someone who is a provider and hard worker".

Felding, whose criminal history includes assaults in NSW and the ACT, is also said to be generous and remorseful about his offending.

In mid-May, when Felding pleaded guilty, the court heard his son was also charged in relation to the incident but that the charges were likely to be dropped once his solicitor provides relevant medical records.

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