Mandurah man shot by police escapes prison term

Albert Collins appeared in Mandurah Magistrates Court having pleaded guilty to being armed in a way that may cause fear and being in possession of ammunition without a licence.

The court heard 65-year-old Mr Collins was at his Myerick Street home on the evening in question when his wife called police to report a self-harm attempt.

Two officers from Mandurah police station attended and found Mr Collins outside, armed with a silver hand gun.

Mr Collins was told to drop the weapon several times while raising it towards the officers.

When these requests were refused, one of the attending constables drew his own weapon and shot Mr Collins in the leg, prompting an internal affairs investigation.

Mr Collins was rushed to Peel Health Campus before being transferred to Royal Perth Hospital where he underwent surgery to the wound.

A subsequent investigation found Mr Collins had been armed with a Colt .45 BB pistol replica.

Counsel for Mr Collins said his client had been “hugely affected by alcohol” at the time of the incident and had been suffering a number of health issues.

Described as being at a “very low ebb” on the evening of the shooting, Mr Collins had since sought counselling and was “embarrassed and ashamed” of his actions.

Magistrate Leanne Atkins referred to the offences as very serious.

“You are shamed and remorseful, as you should be,” she said.

“The community at large would expect a significant penalty imposed upon you.

“This was totally unacceptable.”

For pretending to be armed Mr Collins was sentenced to eight months imprisonment, suspended for 12 months.

For possession of ammunition, he was fined $400 plus court costs.

The replica pistol and ammunition was ordered to be destroyed.