By Belinda Feek, Open Justice reporter of 
Pak'nSave Clarence St in Hamilton. Photo: Belinda Feek/Open Justice
A man shot a dog in the head and its owner's partner in the arm with an air pistol, after taking exception to the canine barking at him in a Hamilton supermarket carpark.
Despite Danny Patrick Livingstone firing his air pistol several times, Brownie and her owner were able to escape without any serious injury.
Livingstone had the pistol stashed down his pants, while in the Pak'nSave Clarence Street supermarket earlier this year. He shot the dog, as she sat next to a nine-year-old boy in a car.
The 38-year-old has appeared in the Hamilton District Court for sentencing on charges of cruelty to an animal and assaulting a person using a firearm. Both charges carry a maximum prison sentence of five years.
'Barked in distress'
At 11.45am on 4 May, Livingstone walked past the victim's car, parked at Pak'nSave Clarence Street.
Brownie was in the vehicle, sitting next to the window, with the owner's nine-year-old son, and barked at Livingstone as he walked past.
Livingstone pulled out a blue and clear air pistol from his pants, and shot Brownie in the head, causing her to bark in distress.
He was then confronted by the owner and her partner as to why he'd shot the dog, and they had a "heated argument".
Livingstone got out his air pistol again and shot the partner twice in his right arm.
He then ran off on foot toward Grantham Street, where he was arrested.
When police searched his backpack, they found the air pistol, along with a stash of copper-coated pellets.
Neither the victim nor Brownie suffered any injuries from the shots. Livingstone declined to comment at the time.
He appeared before Judge Noel Cocurullo for sentencing, after earlier accepting a sentence indication.
The judge took a starting point of 10 months' jail and added a five percent uplift for his history, then took off 20 percent for his guilty plea. That resulted in an end jail term of eight months.
However, the judge noted he would soon be released, as he had effectively served his time.
* This story originally appeared in the New Zealand Herald.
