A man who accidentally struck a young boy in the head with an arrow on the New South Wales Mid North Coast earlier this year has avoided jail.
Archery enthusiast Andrew Hughes, 53, was tuning the arrow in the backyard of a home near Taree on the evening of January 8 when it came loose and pierced the head of the five-year-old boy.
Facts tendered to the court said the arrow "pierced latterly along the right side temple of the boy" and exited through his right eyelid, remaining in one piece.
The facts said the arrow did not penetrate the boy's bone structure or injure his eye, and that the child was flown to John Hunter Hospital in Newcastle where the projectile was removed with no complications.
Hughes pleaded guilty to a charge of reckless wounding in February and was sentenced in the Taree Local Court on Monday to a two-year Community Corrections Order and 150 hours of community service work.
Court documents state Hughes approached the victim's family and identified himself as the person who fired the arrow and apologised before waiting on the street until police arrived.
In his sentencing submission, Hughes' lawyer Robert Whyte told the court his client wanted to send flowers to the family but the police advised against it.
Mr Whyte told the court his client "could have hid", but instead "he put his hand up".
But the prosecution highlighted the seriousness of the matter and told the court Hughes had committed an "act of recklessness" that had caused a lot of trauma to the boy.
During sentencing, Magistrate Allison Hawkins said she took into account the aged care worker's remorse over what she described as a "freak accident".
"I appreciate you never wanted to find yourself in this position," Magistrate Hawkins said.
"It's a projectile — an arrow goes up into the air … it's almost the worst case scenario."
Magistrate Hawkins said she also accepted the seriousness of the matter and the use of a weapon in an urban area, as well as the vulnerability of the child.
