STATE OF TASMANIA v SHAYNE PAUL ARNOL 4 AUGUST 2025
COMMENTS ON PASSING SENTENCE CUTHBERTSON J
Shayne Paul Arnol, you have pleaded guilty to charges of being an accessory after the fact to stealing, aggravated burglary, stealing and stealing a firearm or firearms part.
On 10 May 2016 you drove two associates, Shane Smith and Robert Williams, to an address in West Launceston. You stayed in the car. Smith and Williams entered the house by forcing open a rear sliding door where they located a number of firearms stored in a firearms safe and a glass cabinet. Smith and Williams levered the safe away from the wall, carried it from the house then loaded it into your car. You then drove them to Smith’s address in Ravenswood. The firearms safe was forced open and the firearms were taken inside. Later that same day, Williams asked you to drive him back to West Launceston because he had left a pinch bar at the address. You agreed and acted as lookout while he looked for the pinch bar. The charge of accessory after the fact to stealing arises from these facts. It is the State’s case that knowing Smith and Williams had committed the crime of stealing, you aided them to escape punishment by driving them away from the address, then returning with Williams and keeping lookout while he looked for the pinch bar before driving him away from the area.
Before driving Williams away that second time, you also entered the house with him. When inside, you and Williams broke into a glass cabinet that also contained a number of firearms secured with a wire cable through the trigger guards. The two of you removed three firearms using force to break the wire cable. You also took $5 in coins from a bedroom drawer. The two of you then took the firearms to the car, returning to Smith’s address in Ravenswood where the firearms were taken inside. The charges of aggravated burglary, stealing and stealing a firearm or firearms part arise from this conduct.
All of this offending was recorded on high quality CCTV footage from inside the complainant’s address. You were clearly identifiable from this footage. On 10 May 2016, police attended Smith’s address placing Smith and Williams under arrest. The address was searched. Police located the firearm safe concealed in the rear yard, with its contents removed. You were arrested a few days later. You were interviewed by police and told them that you knew police were after you in relation to the aggravated burglary and that you had altered your appearance by shaving your head and shaving off your moustache. You otherwise made full admissions as to your involvement in the offences.
In total, seven firearms were stolen from the complainant with an estimated value of $17,350. All of those firearms were subsequently recovered. You were initially charged by police with two counts of aggravated burglary, two counts of stealing and one count of stealing firearms. You pleaded not guilty. You first appeared in the Launceston Supreme Court on 14 November 2016. You then failed to appear in the Supreme Court on 14 March 2017. A warrant was issued for your arrest. That warrant was not executed until 25 February 2025.
Your co-offenders pleaded guilty to their involvement in the offences and were sentenced on 30 August 2016. Mr Smith was sentenced on charges of aggravated burglary, stealing and stealing firearms and received a period of one year and nine months’ imprisonment. Mr Williams was sentenced on two counts of aggravated burglary and charges of stealing and stealing firearms and received a period of two years and nine months’ imprisonment.
The State submits that these are very serious offences. Although the firearms were all recovered that did not happen immediately. The potential for them to find their way into the community and be utilised for nefarious purposes was high. General deterrence and denunciation are important sentencing factors. The State also notes that consideration needs to be given to the sentences that were imposed upon your co-offenders.
You have a number of relevant prior convictions. Your history of committing offences of dishonesty commenced when you were a youth. In 1982, you were fined for offences of burglary and two counts of stealing. You were sentenced to perform work orders in respect of charges of motor vehicle stealing and destroy property in 1982. In 1983 you were sentenced to periods of actual and suspended imprisonment in relation to charges of burglary, stealing and motor vehicle stealing. A further sentence of imprisonment was imposed later in 1983 for motor vehicle stealing. In 1987 you were sentenced to partially suspended imprisonment for charges of burglary and stealing. You were sentenced to imprisonment in 1993 for charges of burglary and stealing. Your Tasmanian record otherwise reveals that you have had issues with drug use, with prior convictions for drug offences and driving whilst a prescribed illicit drug is present in your blood. You also have relevant prior convictions in other jurisdictions. In Western Australia you received a period of imprisonment for charges of burglary and stealing in 2003, burglary and robbery in 2001 and for fraud and receiving in 2000. The sentence imposed in 2001 was one of three and a half years. In 2008, you were convicted of charges of serious criminal trespass, dishonestly taking property without consent in South Australia and received a suspended period of imprisonment. That sentence was activated in 2009 when you offended in a similar manner again. At that time, you received a total head sentence of 27 months with a 13 month non parole period. By the time you committed the offences for which you are to be sentenced today, you had a number of relevant and serious prior convictions.
In respect of the sentences imposed on your co-offenders, it is notable that each pleaded guilty at an early stage. Mr Smith had a number of relevant prior convictions, having been sentenced to suspended periods of imprisonment in 2008 and partially suspended imprisonment for a charge of robbery in 2011. His record was not as bad as yours. At the time of his involvement in this course of offending, he was, however, subject to a probation order which had been made in 2015. The breach of that order was treated as an aggravating factor. Mr Williams’ record was worse than that of Mr Smith. He had a record of dishonest offending commencing as a youth, committing many offences between 2002 and 2006 resulting in detention and imprisonment. In 2012 he was sentenced to 29 months’ imprisonment for a number of offences. He was sentenced to a further significant period of imprisonment for matters of burglary and stealing in November 2013. One of those offences involved a planned burglary of a house targeted because of firearms. He received a longer sentence than Mr Smith for his involvement in this course of conduct because of his worse record and his involvement in the additional aggravated burglary.
You are 60 years old and single. You had a difficult upbringing which was described in the presentence report as being marked by poverty and neglect. Your father was an alcoholic and you witnessed substantial violence when growing up in the George Town community. Your parents separated around 30 years ago. You have a close and positive relationship with your elderly mother. You have three adult children from prior relationships.
For the past 14 months, you have been living in a Housing Department unit. This is stable accommodation. Prior to obtaining this accommodation, you were homeless for seven years and sleeping rough in a tent with your dog. You have a significant prior history of substance abuse issues which you have wrestled with for most of your adult life. You experienced sexual abuse as a child. You continue to experience ongoing suffering as a result of this trauma.
Your counsel acknowledged that you have a long history of relevant offending, however, it ceased after these offences. As to your involvement in these offences, you were approached for a lift by your co-offenders and initially did not know the purpose. It is accepted that when your co-offenders returned with the gun safe, you clearly knew from that point they had been involved in criminal activity. You had no interest in the firearms yourself, although it is acknowledged that you had greater involvement in the offending on the second occasion the house was entered. You had no further involvement with the firearms after they were taken to Mr Smith’s residence. Counsel submits that you were initially taken advantage of by your co-offenders and then had difficulty retreating from the conduct. It is accepted that you made a mistake but you received no real benefit from the offending.
After you failed to appear in the Supreme Court in 2017, you did not leave the jurisdiction but lived in an area of bush on the coast where you had set up a rough camp. You kept to yourself, making the odd trip into George Town to get supplies. You returned to George Town when your arthritis got the better of you. You obtained a Housing Department unit before surrendering yourself to police.
I had you assessed for suitability for home detention. This, of course, was not a sentencing option available at the time your co-offenders were sentenced. You have been assessed as suitable for home detention. You have appropriate accommodation. One issue identified by Community Corrections is your ongoing use of cannabis. Although you have ceased your use of opioids, you still regularly use cannabis. After your first presentence interview on 20 June 2025, and at the suggestion of the probation officer who was writing the report, you self-referred to Drug and Alcohol Services for counselling. You are currently on a waitlist for support. Your general practitioner has indicated that he does not have any concerns regarding your mental health if you are confined to the home under a home detention order. You have expressed considerable shame and embarrassment about your offending history.
Community Corrections have assessed you as having high risk needs. Your willingness to address your substance use issues by engaging in drug and alcohol counselling is noted, together with the steps you have taken to initiate the process to obtain a medicinal cannabis prescription. You have adequate family support to assist you throughout the home detention period. Community Corrections recommend, however, that if such an order were made, consideration be given to requiring you to attend Court to assess your progress on the order. If such an order were made, Community Corrections would support you to continue your engagement with the Alcohol and Drug Service and have recommended a referral to the Equips Addiction Program.
These are serious offences. The stealing of firearms is a matter of particular concern to the community. It is clear that the firearms were distributed very quickly, but fortunately they were ultimately recovered. The potential for stolen firearms to be used in the commission of other crimes of dishonesty and violence is very real. Clearly general deterrence and denunciation are important sentencing considerations in such circumstances.
Given your prior matters and the seriousness of the offences, a sentence of imprisonment is clearly warranted in this case. The delay between the commission of these offences and your sentencing is substantial. It is entirely attributable to your conduct. I appreciate that you have demonstrated a capacity to stay out of trouble in that time, however, your rehabilitation can only be afforded limited weight in these circumstances. Nevertheless, your capacity to stay out of trouble since 2016 is a matter relevant to assessing your suitability for a home detention order. It is also relevant that prior to committing these offences in May 2016, you had last received a period of imprisonment for dishonesty offences in 2009. Between 2009 to 2016, your offending was limited to driving offences. This suggests that at the time of committing these offences, you had taken some steps to rehabilitate and cease such offending. It lends credibility to your explanation for becoming involved in committing these crimes at all. I accept that you were not the mastermind of these offences and did not benefit from their commission. Your culpability is more in line with that of Mr Smith. As noted, he breached a probation order through his involvement in these offences.
Taking all of those matters into account, I am persuaded that it is appropriate to make a home detention order in your case. I intend to impose an order for the maximum period of time allowed pursuant to the Sentencing Act. The order I intend to make will also see you detained at your home except for a few hours per day unless approved by a probation order. This, in my view, will serve as an effective and immediate punishment. It will also allow you time to attend essential appointments, counselling, do grocery shopping and other like activities.
Shayne Paul Arnol, you are convicted on all charges. On a global basis I impose a home detention order with an operational period of 18 months to commence from today. That order is subject to a number of core conditions which are set out in s 42AD(1) of the Sentencing Act and will be provided to you in writing. Those conditions include that during the operational period of the order, you must not commit an offence that is punishable by imprisonment and you must reside at the home detention premises namely [address stated] and be at those premises at all times except between the hours of 3pm to 6pm each day, unless approved by a probation officer. You will also be subject to electronic monitoring during the course of that order. Sections 42AD(4) and (5) of the Sentencing Act also apply as a consequence. In addition, your home detention order will be subject to the following special conditions:
- You must attend the Community Corrections Office at 111 Cameron Street, Launceston for induction on this order at 9am on 5 August 2025;
- during the operational period of the order:
- you must maintain in operational condition an active mobile phone service, provide the contact details to Community Corrections and be accessible for contact through this device at all times;
- you must not take any illicit or prohibited substances. Prohibited and illicit substances include:
- any controlled drug as defined by the Misuse Use of Drugs Act 2001;
- any medication containing an opioid, benzodiazepine, bupropion, hydrochloride or pseudoephedrine, unless you provide written evidence from your medical professional that you have been prescribed the relevant medication;
- you must not consume alcohol, and you must, if you have been directed to do so by a police officer or a community corrections officer, submit to a breath test, urine test or any other test for the presence of alcohol;
- you must submit to the supervision of a community corrections officer as required by that officer;
- you must appear before the Court at the places, days and times that the Court specifies in the order;
- if directed by a probation officer, you must attend, participate in, and complete the Equips addiction program as directed.
In accordance with those conditions, I order that you appear before me at the Launceston Supreme Court at 4.15pm on 17 November 2025 to monitor your progress on the order. I need to make it clear Mr Arnol, if you breach the conditions of this order, it may be cancelled and you could be resentenced to a period of imprisonment.
Finally, I make a compensation order pursuant to s 68(1) of the Sentencing Act in favour of [name stated] in an amount to be assessed.