STATE OF TASMANIA v TRAE MATTHEW SIMON COOK 27 MAY 2025
COMMENTS ON PASSING SENTENCE JAGO J
Mr Cook, you have pleaded guilty to one count of possessing a prohibited firearm when not the holder of a firearms licence of the appropriate category.
The charge arose as a consequence of police attending your residence on 20 April 2024. They had seen you standing in the vicinity of your residence, seemingly distressed, and were concerned about your well-being. They followed you into your unit. The unit was in a state of disarray. Once in the unit, you began searching through items, telling police that you were looking for a knife. You picked a knife up. Police told you to drop it and you immediately did so. When police leant down to collect the knife, they observed a homemade pistol lying on the floor. Police took possession of that pistol. It was sent to forensic services and subsequently identified as a .22 homemade bolt-action single shot pistol, designed to propel a projectile capable of inflicting a lethal wound. The total length of the pistol was 190 millimetres, with a barrel length of 83 millimetres. Because the pistol had a barrel length of less than 100 millimetres, it was a prohibited firearm as defined in the Firearms Act. The firearm was not in working order as the striker spring could not generate enough force to fire a .22 calibre cartridge.
Police arranged medical attention for you. They spoke to you later the same evening. You told police that the firearm was at your residence because it had been made by somebody else and left there. You acknowledge that because it was in your residence, you were in possession of it. There is no suggestion, however, that you had endeavoured to use it in any capacity, and it seems your possession of it was relatively short lived.
Whilst there is nothing to suggest you had any sinister intent in respect to the firearm, there is always a risk that unlawfully possessed firearms will find their way into the wrong hands and be used in criminal endeavours. Here, whilst this firearm was not immediately capable of discharge, I imagine with appropriate adjustments, it could be restored to working order. If so, given its size, it could easily be concealed and used in a nefarious manner. That is why the unlawful possession of a prohibited firearm is always a serious offence, and in sentencing for such a matter, general deterrence is an important sentencing consideration.
You are 29 years of age. You have a number of prior convictions suggestive of a cavalier attitude towards compliance with the law, and also some difficulties with drug use. I note, however, there is nothing to suggest that your drug use has any nexus to the commission of this crime. You do not have any prior convictions under the Firearms Act. You have a strong, industrial record. You have worked in the fishing industry for the past 11 years and have several qualifications, which culminate in you being able to captain commercial vessels up to 24 metres. You have worked on a number of fishing vessels over the years, but in the last five years, have been responsible for captaining two vessels in particular. The fact that you are trusted to take such vessels out as captain and are given significant latitude in the management of the fishing endeavours whilst at sea, speaks to the fact that you must be trusted by the vessels owners.
I take into account your early plea of guilty, your lack of relevant prior convictions and your co-operation with police. You made no endeavour to hide the firearm from them. That is consistent with you having had minimal involvement with this firearm, beyond it being left in your residence.
In all the circumstances, I am satisfied I can appropriately deal with this matter by way of the imposition of a fine. You are convicted of the crime. You are fined the sum of $5,000, payable within 28 days. I order the forfeiture of the firearm.