A GUNMAN who left a woman scarred when he hit her while firing "recklessly" into a busy York street was today starting a 17-month jail term.

York Crown Court heard how Lee David Smith, 27, shot terrified Emma Garner using an air gun with a telescopic lens as she left a city centre nightclub with her boyfriend.

Ms Garner spent three days in hospital after an operation to have an air gun pellet removed from her arm. She was left with a two-inch scar and is now frightened to go out.

Smith injured another pedestrian and could have hurt three more during the "irresponsible" Micklegate shooting spree on March 16 last year, York Crown Court heard yesterday.

The Honorary Recorder of York, Judge Paul Hoffman, sentencing, said the .22 rifle used "was not a toy".

He added: "It is, in the hands of an irresponsible person like yourself, a dangerous weapon."

DC Craig Wilson said the outcome of the case sent out a message that such weapons, which cost more than £100 and do not require a licence, should be handled with care.

He said more checks should be made when people buy them. "Smith has just gone in the shop and bought it."

Judge Hoffman stressed Smith - who blamed inaccuracy during a drunken target practice session in his first-floor flat - had not been deliberately aiming at people. But he was deliberately firing into the street. "If there's anything more dangerous than that or that's more likely to hit somebody, I can't imagine what it is.

"This was the ultimate in dangerous recklessness and it's fortunate for you and for your victims that they were not more seriously injured."

Prosecutor Tom Storey said Emma Garner, in court for the verdict, heard a bang before feeling sharp pain in her left forearm and falling to the ground.

That afternoon, a visitor staying at a nearby youth hostel was walking along St Martin's Lane when he heard a "whoosh" and felt a chest pain.

Two other pedestrians reported hearing pellets shoot past them that afternoon, while another shot hit a man's rucksack.

Police were alerted and searched Smith's flat. The rifle was found and when interviewed Smith said he had been firing at a copy of the Yellow Pages.

Nick Johnson, mitigating, said his client acted in a "highly reckless and dangerous" way, but did not aim at anyone. He was firing at items in his flat and at railings outside.

At an earlier hearing Smith, admitted possessing a firearm and using it in an unlawful manner, unlawful wounding, battery and three common assault charges. An order was made to destroy the firearm.

Updated: 10:51 Friday, April 02, 2004