A PUNTER has been allowed to walk free after threatening a man who joked he had left a bad smell in a pub toilet with a fake gun.

Wayne Hearn, 50, implied he might shoot his victim during the petty row in the Rovers Tye pub in Highwoods, Colchester.

The man had a “look of terror” on his face when Hearn flashed the handle and trigger of a gun at him from beneath his waistband.

Richard Kelly, prosecuting at Ipswich Crown Court, told a previous hearing the semi-automatic air pistol had a “striking resemblance to a real handgun”.

Gazette: Disturbance - the incident took place in the Rovers Tye pub in ColchesterDisturbance - the incident took place in the Rovers Tye pub in Colchester (Image: Newsquest)

Hearn, of Oakmead Road, Point Clear, admitted possession of an imitation firearm with intent to cause fear of violence.

He was handed a 21 month prison sentence, suspended for two years.


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Mr Kelly said Hearn, a scaffolder, was in the Rovers Tye with his partner when the disturbance took place in the afternoon of January 31 last year.

The court heard last month that he approached the victim, who was drinking with his cousin, to ask where the toilets were.

Gazette: Imitation firearm - a stock image of a gunImitation firearm - a stock image of a gun (Image: Pixabay)

Moments later the duo went to use the toilets themselves and passed Hearn on his way out.

“They made a perhaps unwise comment about the smell of the toilet which seemed to upset him,” said Mr Kelly.

“The defendant then came up to the table and threatened them, saying to never embarrass him in that way in front of his partner.”

Despite the victim’s repeated apologies, Hearn went to his car before returning with the imitation firearm.

“It was at that point the defendant lifted up the left side of his jumper and he revealed a handgun which was tucked into his waistband,” continued Mr Kelly.

Gazette: Sentencing - Hearn was sentenced at Ipswich Crown CourtSentencing - Hearn was sentenced at Ipswich Crown Court

The fake gun was later found during a police raid at an address in Plane View Close, Clacton.

A victim personal statement detailed how the man targeted has since “suffered tremendously from anxiety, sleep deprivation and depression”.

Hearn’s mitigation heard how he struggles with alcohol misuse and has since sought after help from Alcoholics Anonymous.

Judge Martyn Levett ordered him to undertake 100 hours of unpaid work and 50 days of a rehabilitation activity.

Hearn will be the subject of alcohol abstinence monitoring and a six month curfew between 7pm and 6am, and he must pay £1,200 in costs.


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