TWO former Camperdown district dairy farmers yesterday had convictions lifted on appeal over a confrontation involving a firearm with stock agents.
Bernard Robert Flinn, 72, (also known as Robert Flinn) and his son Luke Robert Flinn, 32, both previously of Curdies Street, Camperdown, were convicted and fined $1500 after pleading not guilty in Warrnambool Magistrates Court on June 13.
They were charged with reckless conduct endangering serious injury and two counts each of threatening to inflict serious injury and assault with a weapon.
In the June court appearance magistrate Jonathan Klestadt found the charge of reckless conduct endangering serious injury against Robert Flinn not proven. Both were found guilty of all other charges.
Yesterday Judge James Montgomery said he had received an education about the dairy and banking worlds during the appeal.
He said the actions of the Flinns had been unwise, stupid and threatening, and the stock agents had just been doing their jobs during a bank foreclosure.
The judge said there were better ways to resolve issues and the father and son had chosen the wrong way to go about it.
Judge Montgomery said neither of the Flinns had any prior convictions, the offending was not premeditated and they were under financial pressure at the time.
“You reacted in an uncontrolled way to some extent,” he said.
Judge Montgomery said Robert Flinn was now aged 72 and was entitled to call on his good record to aid him in court, while Luke Flinn was now in the process of trying to establish a sawmill business in Fiji.
The judge said the interests of the community were best served by the imposition of fines.
The Flinns were not convicted and fined $1500 each with $280 in costs.