STATE OF TASMANIA v NICHOLAS KYLE JONES 7 DECEMBER 2020
COMMENTS ON PASSING SENTENCE WOOD J
Nicholas Kyle Jones has pleaded guilty to one count of possession of stolen firearms, involving a single firearm, a Saco .22 250 rifle.
During 11 and 12 January 2020, a house at Boat Harbour was broken into on two occasions. Among the items stolen were three firearms: a Ruger .22 long rifle, the Saco .22 250 rifle and a Sportco single barrel shotgun. They were taken from the firearms safe as well as boxes of ammunition. The three firearms were transported to a house at Acton, in Burnie, the home of Zoe Whiley.
On 12 January during the evening, police executed a search warrant at the house. The defendant Nicholas Jones was present. Inside the boot of a Lancer sedan at the property, police found the stolen Saco .22 rifle. At the house, the defendant told the police there was a firearm in the boot of the car. However, during a video interview he denied having touched the firearm. The police seized a CCTV hard drive from the residence. The footage showed offenders Howard and Smith arrive at the property during the afternoon of 12 January. Mr Howard retrieved a package from the back seat and took it into the house. About 5 minutes later, the defendant, Mr Jones, is seen to leave the house, with the same package and put it in the boot of the Lancer Sedan. That is where it remained until police arrived later that day and discovered the firearm.
There are a number of others who have been charged arising from the theft of the firearms. They are charged with different crimes and their roles in the enterprise are not comparable.
The defendant has prior convictions for various matters, particularly traffic offences and drug convictions. He has been sentenced to suspended terms of imprisonment with respect to such offending. He has no prior convictions for firearms offences. Until recently, he was subject to a court mandated drug treatment order. He had served sanction days as a consequence of his non-compliance and on 3 December, as a result of his poor compliance, the treatment and supervision part of the order was cancelled and he is serving the remaining custodial part of the order of five months. An activated suspended sentence of six weeks is also to be served by him cumulative to that period of five months. Those two cumulative sentences have been backdated to 7 October to take into account time served in custody by way of sanction days.
The defendant is 28 years of age, he has recently had seasonal work with a local vegetable processing facility. In his early 20s, he worked in a responsible role as a Parks Ranger with Parks and Wildlife. He commenced using illicit substances at 21 after his mother was diagnosed with cancer. His use was daily and heavy. He has achieved abstinence at various times. In March 2017, he received a suspended term of imprisonment and that motivated him to achieve a period of abstinence. But then in October 2017, he was subject to a one punch assault resulting in 25 fractures to his skull. He relapsed and recommenced heavy drug use and re-connected with criminal associates.
The defendant’s crime arose from his drug taking. He was at Ms Whiley’s house purchasing drugs. While he was there, he was asked to move a firearm and place it in the boot of a motor vehicle. It was wrapped in a cloth to disguise its appearance. In those circumstances, Mr Jones realised the firearm was stolen. He moved the firearm as requested. That was the extent of his possession. It was very short-lived.
Once the present charge was laid, he pleaded guilty at an early opportunity. As noted by Pearce J when sentencing other offenders on related matters, by pleading guilty Mr Jones has facilitated justice at a time when trials are significantly delayed as a result of the pandemic.
Due to his continued substance use and poor engagement with the drug treatment order, he is not suitable for an order involving community service or community based supervision.
Possession of stolen firearms is a serious crime because of the strong link between stolen firearms and crimes involving violence and dishonesty. Stolen firearms almost inevitably end up in the hands of criminals. Fortunately, in this case due to some quick police work the stolen firearm was recovered before it became an instrument of harm.
Mr Jones, your conduct warrants a term of imprisonment. Whilst I was prepared to consider other options, you are not a suitable candidate for those alternatives. Given your limited involvement in this crime of having possession of the firearm and lack of prior offending with regard to firearm offences, a short period of imprisonment is sufficient. The critical question is whether a suspended sentence of imprisonment can be considered. I note such an order has been successful in the past, but your recent response to the drug treatment order gives considerable cause to doubt your present commitment to reform.
However, I conclude that there is a prospect that after you have served your present sentences of imprisonment that you will be motivated to stay away from prison and that a suspended term will provide you with encouragement to reform. You are a relatively young man who has had a very difficult path in recent times. I consider an incentive to promote your rehabilitation is still warranted.
I record a conviction. I impose two months’ imprisonment wholly suspended for a period of 18 months after your release from prison. It is a condition of that sentence that while it is in force you do not commit another offence punishable by imprisonment.