Peter Smith: South Yorkshire man prosecuted for shooting sparrowhawk dead using air rifle

A South Yorkshire man who shot dead a sparrowhawk with an air rifle at a Yorkshire allotment has been prosecuted by the RSPCA.

Peter Smith, aged 77, of Clifton Close, Barnsley, pleaded not guilty to killing a wild bird under the Wildlife and Countryside Act 1981, but he was found guilty after a trial and appeared for sentencing at Barnsley Magistrates’ Court on January 24, 2024.

The court was told that Smith was confronted by a member of the public at Hope Street Allotments in Mapplewall, Barnsley, on February 27 last year (2023). The man heard a loud thud and when the defendant walked past his allotment he asked Smith, "where is it?".

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Smith returned to the allotment and although the man pleaded with him "don’t shoot it or I’ll phone the police", he said the defendant went behind a shed and he heard the sound of gunfire.

The witness started filming the incident with his phone camera and when he went to the allotment he could see Smith standing on a bird, who he thought initially appeared to be still alive. Video footage shown to the court showed the allotment holder telling the defendant that it was illegal to kill a bird of prey. 

The defendant said he had "missed" the bird and picked it up after the bird "attacked his pigeon". Video footage showed him walking up the allotment towards a blue Kia car, holding a bird in his left hand and a rifle in his right hand.

RSPCA inspector Jack Taylor said in a statement to the court that Smith denied shooting the bird and claimed "he’d put the bird in a pigeon box until his pigeons came back" and said he had later released the bird.

"When I interviewed the defendant he gave me a piece of paper with details of a friend whom he says visited him on the day and witnessed the bird alive in the box," said the inspector.

But an expert vet, who examined the video stated in his report that he was convinced the bird was dead on the allotment.

RSPCA lead wildlife officer Geoffrey Edmond stated there was nothing in the video footage that caused him to believe that the bird would be still alive. The animal charity’s officer said the bird showed sufficient features to indicate that it was a sparrowhawk.

Smith was fined £480 and told to pay a victim surcharge of £192 and costs of £1,500.