STATE OF TASMANIA v ZACHARY JAMES McDONALD 31 OCTOBER 2025
COMMENTS ON PASSING SENTENCE BRETT J
Mr McDonald, you have pleaded guilty to one count of dealing in a firearm without the appropriate licence. You have also pleaded guilty to a number of summary offences, in particular possessing a firearm without a licence, possessing ammunition without a licence, cultivating cannabis, possessing cannabis, two counts of possessing a smoking device and two counts of being in breach of a police family violence order because of your possession of the firearm and ammunition.
The crime relates to your construction of a home-made pipe gun, which was located by police on 28 March 2025 during a search of your campervan in respect of an unrelated matter. The gun was rudimentary and ballistics tests confirmed that it was not capable of discharge. You told police that you constructed the pipe gun in order to protect yourself from unspecified threats. Police also found an imitation pistol, a considerable amount of shot gun cartridges, other ammunition, a cannabis plant, a small quantity of cannabis and the smoking devices. You had the cannabis solely for the purpose of your personal use of that drug.
You are 33 years of age, single and have no dependents. You have a lengthy criminal history, which includes several convictions for firearms and drug offences as well as a variety of other types of offending. You have been sentenced to imprisonment on a number of occasions. The last sentence prior to committing these offences was imposed in October 2024, for offences which included driving a motor vehicle whilst an illicit drug was present in your oral fluid and unlawful possession of a dangerous article. A suspended sentence and a fine was imposed on that occasion. The suspended sentence has since been activated because of other offending and you have served the three-month sentence. You have been in custody on remand since the completion of that sentence which is from 28 June 2025.
It would seem that you have also had a lengthy and relatively complex history of mental illness and, I infer, social dislocation. The mental illness is clearly interwoven with your persistent offending. Despite this, it does not seem that any community-based supervision or other orders of that nature have been made in sentencing proceedings since 2018. You claim to have worked hard to achieve your own rehabilitation while in custody and I am told that you have prospects of employment and secure accommodation available to you on the north-west coast after your release. A presentence report indicates that you would benefit from community supervision.
Despite the rudimentary nature of the homemade firearm, the fact that it could not be discharged and your claim to have made it solely for your own personal protection, the crime you committed is a serious one. Illegal firearms cause considerable trouble in the community. They are dangerous and facilitate crime and antisocial conduct. There is no mitigation available from your claim that you constructed the firearm for your own protection. On the contrary, such a claim makes it clear that your intention was to use the weapon if you thought you had to, and this is clearly problematic and contrary to the expectations of the community. There is a clear need for a sentence which emphasises general deterrence and denunciation. In your case, given your history of prior offending in relation to firearms and other weapons, there is also a need for specific deterrence.
For these reasons, the only appropriate sentence is a term of imprisonment. However, I think it is also appropriate to place some emphasis on rehabilitation. In my view, an appropriate balance between these sentencing aims can be achieved by imposing a sentence of imprisonment which is partially suspended. I think you have now spent enough time in prison and, accordingly, I intend to suspend the balance of your sentence but to make ongoing supervision a condition of suspension.
Accordingly, the orders I make are as follows:
- You are convicted of the crime and the offences to which you have pleaded guilty;
- For the crime of dealing in a firearm, and for the summary offences of possession of a firearm and the breaches of the family violence order, I impose a global sentence of imprisonment for a term of 9 months. That sentence will be backdated to 28 June 2025. The balance of the sentence from 2 pm today will be suspended for a period of 18 months on the following conditions:
- i that you are not to commit another offence punishable by imprisonment during that period.
- ii that you will be subject to the supervision of a probation officer. You must comply with this condition for a period of 18 months, which will commence from 2 pm today. The Court notes that the conditions referred to in s 24 (5B) of the Sentencing Act apply to this condition. These include that you must report to a probation officer at Burnie within three clear days of today. In addition to the core conditions the order shall also include the following special conditions:
(a) you must, during the operational period of the order,
- attend educational and other programs as directed by the Court or a probation officer;
- submit to the supervision of a probation officer as required by the probation officer;
- undergo assessment and treatment for drug dependency as directed by a probation officer;
- submit to testing for drug use as directed by a probation officer;
- undergo assessment and treatment for alcohol dependency as directed by a probation officer;
- submit to testing for alcohol use as directed by a probation officer;
- submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer;
- attend, participate in and complete the EQUIPS addiction program as directed.
- For the balance of the summary offences, I impose no further punishment.
- I am satisfied that the firearms and other property which was seized by Tasmania Police and has been identified by counsel for the State is tainted property within the meaning of the Crime (Confiscation of Profits) Act 1993. Pursuant to s 16 of that Act, I order that that property be forfeited to the State of Tasmania. I specify that the value of the property is negligible
- Pursuant to s 38 of the Misuse of Drugs Act 2001, I order that each of the smoking devices identified by counsel for the State be forfeited to the State of Tasmania.