STATE OF TASMANIA v DAVID JOHN MURRAY 28 JULY 2022
COMMENTS ON PASSING SENTENCE JAGO J
Mr Murray, you have pleaded guilty to one count of possessing a prohibited firearm when not the holder of a firearms licence of the appropriate category. By way of s 385A of the Criminal Code I am also dealing with your pleas of guilty to summary offences of possessing an unregistered firearm, possessing a silencer, failing to take all precautions to ensure safe-keeping of a firearm, 3 counts of possessing ammunition when not the holder of an appropriate firearms licence and 1 count of failing to take all precautions to ensure the safe-keeping of ammunition. The charges arose as a consequence of police attending at your residence on 19 July 2021 in respect to an unrelated matter. Whilst there they inspected an area they were alerted to by a neighbour. They located a jacket hanging over a chair. Inside the jacket they located 38 loose .22 calibre ammunition rounds. Subsequently a search warrant was obtained for your residence. On 4 August 2021 police conducted a search at your property. You met police upon their arrival and immediately disclosed to them the presence of a firearm inside a shed. The firearm was a .22 calibre semi-automatic Gevarm brand rifle with a silencer attached. It was leaning up against a cabinet inside the shed. The rifle was in plain view and not secured in any manner. The Gervarm rifle is classified as a prohibited firearm as it is a semi-automatic rifle.
On a shelf in a nearby cabinet various ammunition was found: a plastic box containing approximately 800 rounds of .22 calibre ammunition; 4 boxes of .22 calibre sub-sonic rounds; a box containing 19 .243 Winchester rounds; a box containing 17 .223 calibre rounds and a black 16 round magazine suitable for use in the Gervarm semi-automatic rifle. You admitted to police the firearm and ammunition belonged to you. You told police you had been given the firearm by a friend approximately 3 years earlier and had used it to shoot rabbits on your property. You admitted to police you did not have proper storage facilities for the firearm and ammunition and that you were not currently the holder of a firearms licence.
You have no relevant prior convictions. Indeed by way of prior recorded criminal history you have only two speeding offences. I accept that you are a man of good character. I have been provided with a number of character references. I take the contents of those references into account. I accept that you have a demonstrably strong work history. You have a number of qualifications as a crane operator and are well regarded and highly sought after in that capacity.
You have familiarity with the operation of firearms. You have previously held a firearms licence. You first obtained a firearms licence as a youth and then held a firearms licence from the age of 18 until approximately 12 years ago when you were made the subject of a restraint order. At that point your firearms licence was suspended and you have not sought to renew it. As a consequence of your conviction for these matters it is now unlikely you will obtain a firearms licence into the future.
I note that you have made full admissions to police and you have pleaded guilty to the charges at an early point. You are entitled to credit for that. There is no suggestion that the firearm was in any way used for illegal or criminal activity. It was used by you to cull rabbits and for livestock management. No effort at all however was made to safely and securely store the firearm and ammunition. In my view Mr Murray, you displayed a very careless attitude given the dangers that can be associated with firearms if they fall into the wrong hands. The risk always is that improperly stored firearms will find their way into the wrong hands and be misused. Remote rural properties are not uncommonly the target of those looking to acquire firearms illegally. In sentencing for any firearm offences general deterrence is an important sentencing consideration. Parliament has put in place a strict regime in respect to the possession and use of firearms. Its purpose is directed at providing community protection through the licencing and regulation of firearms and to endeavour to ensure that only responsible persons with appropriate licences have access to firearms. Care must be taken to ensure that firearms and ammunition do not fall into the wrong hands and that the regulatory regime is strictly adhered to. An important aspect of this obviously is the correct and safe storage of firearms. It must be understood that those who are not willing to exercise proper care and responsibility with the storage of firearms will face penalty. You made a poor decision in the manner in which he chose to store this firearm and ammunition, and of course it is noteworthy that you should not have had possessed it at all given you did not hold a firearms licence.
I bear all of those considerations firmly in mind. I balance them against your personal circumstances, including in particular your absence of relevant prior convictions and my view it is unlikely you will reoffend. I am satisfied that I can appropriately deal with these matters by the imposition of a fine.
You are convicted of all matters to which you have entered pleas of guilty. I will impose one sentence. You are fined the sum of $5,000 payable within 28 days. I order the forfeiture of the firearm and ammunition.