Man pointed shotgun at two brothers near Scarborough

Oliver Battye, 36, had just stolen the gun from a safe in his former father-in-law’s house and had fired it through the window of his own van, leaving bullet holes, before confronting the two builders, who are brothers, said Halima Kamran, prosecuting.

The builders were sitting in their van near Scarborough about to go to their next job when Battye drove up, got out of his own van and pointing the gun at them, told them to get out, leaving the keys behind.

When they froze in terror and didn’t move, he moved the gun closer to the face of one of the brothers, repeated the threat, and they got out.  

Battye tried to start the van, failed, and drove off in his own van.

Defence barrister Jeremy Barton said Battye was experiencing “some kind of breakdown” and had a serious mental health issue when he confronted the two brothers.

“He intended no harm to anyone apart from to himself,” said Mr Barton. “The threat by pointing the gun was never intended to be followed through.”

Judge Simon Hickey said: “The two men didn’t know that.”

He told Battye: “If you point a weapon at two people on a June afternoon, two young men who had no idea what was in the gun, that must be and can only be an immediate custodial sentence.”

He jailed the 36-year-old for 28 months. Battye, of no fixed address, pleaded guilty to possessing a firearm while committing an attempted robbery on the basis he wanted the builders’ van so he could leave the scene quickly.

The judge read three reports on Battye from a psychiatrist, a probation officer and one on his mental health before passing sentence.

Ms Kamran said the gun was stolen on June 9 from a safe designed to keep firearms. At 2.10pm, the brothers were in the driveway of a property where they had carried out some work when they saw Battye drive past, stop his van 20 yards up the road and approach them.

Police were alerted and spotted Battye at 2.39pm parked up in his van. Battye got out of his van and lay on the ground with the gun alongside him. The prosecution could not say if the gun was loaded when it was pointed at the two brothers, said Ms Kamran.

Mr Barton handed in character references for Battye and said he did “good work in the community” including for a local rugby league club. He said Battye must  have had ammunition for the gun because he had fired it when it made the bullet holes in his windscreen. He said it was an unusual case.