A retired Mildura supermarket operator who shot a neighbour's dog in Melbourne following months of frustration over constant barking has avoided a criminal conviction in court.

John Charles Green, 59, appeared before the Broadmeadows Magistrates' Court where he pleaded guilty to wounding an animal, failing to securely store a long-arm weapon, and being armed with a firearm with criminal intent.

A Midnight Breaking Point

The court heard that Green, who ran PJs Foodworks in Mildura for three decades before selling the business to retire, was staying at his Essendon unit with his wife while attending medical specialist appointments. The neighbouring property housed four dogs that frequently barked at all hours.

On the morning of December 14 last year, after being woken at 2:00 AM by persistent noise, Green fired a .177 air rifle at least three times at Otis, a white Maltese Shih Tzu living next door.

The small dog sustained three bleeding pellet wounds across his left rib cage, left hind leg, and right shoulder. Otis's owner discovered the injuries later that morning while attempting to put a harness on the dog. Upon feeling something metallic inside a wound, the owner retrieved a pellet and immediately contacted police.

Severe Stress and Mental Breakdown

Attending officers located the air rifle leaning against a wall on Green's property. Green made full admissions to police, expressed remorse, and surrendered his ammunition.

Defending Green, lawyer Charles Morgan presented a psychological report indicating that the act was the result of acute psychological distress that completely overwhelmed his client's capacity for rational decision-making. The court heard Green had been struggling with a loss of identity post-retirement and was under immense pressure as a full-time carer for his wife, who suffers from complex health issues.

The court was told Green had previously sought legal avenues to resolve the issue through council barking registers, but months of sleep deprivation led to a mental breaking point. Green, who had no prior history of animal cruelty or violence, felt profound guilt and shame for his actions.

Court Order and Ongoing Care

Otis was rushed to an animal referral hospital where X-rays revealed a pellet lodged deeply near his heart. Veterinarians determined it was too dangerous to extract due to the risk of causing a collapsed lung, meaning the dog will require ongoing medical monitoring for the rest of his life. In a victim impact statement, Otis's owner shared that the trauma forced them to relocate the dog to another residence.

The magistrate ordered Green to pay a $5,000 fine without recording a criminal conviction. Green was also ordered to pay $2,541.50 in emergency veterinary expenses. Without his early guilty plea, Green faced up to four months of imprisonment. He has since surrendered all firearms and is undergoing treatment with two psychologists.