A Mowbray man had “simply no excuse” for having a firearm after he was subjected to a firearms prohibition order in 2016, a Supreme Court Judge said.
Justice Michael Brett made his comment when sentencing Carl Maxwell Hall, 37, to a 10-month jail sentence backdated to September 10, 2019.
Hall pleaded guilty to one count of possession of a firearm when subject to a firearm prohibition order and two counts of possessing a firearm without a licence, a count of possessing ammunition without a licence and possession of a controlled plant (cannabis).
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He also pleaded guilty to possession of an extendable baton and a hunting knife.
Justice Brett detailed Hall’s extensive history of firearm-related crime back to 2006 including an aggravated assault involving a firearm in 2011.
“An order was made to prevent you having access to firearms and the intention was to demonstrate the serious nature of the crime if breached,” he said.
The court heard that Hall and a woman were driving a white Honda CRV at 3.50am in Mowbray when pulled over by police on June 29, 2018.
Hall, the passenger, got out of the car and spoke to police asked them to give the woman a break after she recorded a positive result.
He owned up to a “tiny bit of weed” but when police searched the car they found a replica nine-millimetre Glock pistol, a Taser, a baton, a pocket knife and ammunition. He also pleaded guilty to breach of bail for having a firearm part while subject to an interim family violence order.
In a plea hearing on Monday, defence counsel Evan Hughes said that Hall had co-operated with police by pointing out the cannabis.
He said the Taser and replica Glock pistol was a firearm by definition because it was a replica.
“It was not appreciated by him as a firearm,” Mr Hughes said.
“I’m not convinced by any of that Mr Hughes,” Justice Brett had replied.
In sentencing, Justice Brett said the weapon was viewed as a firearm because it was capable of use in a threatening manner.
“The possession of it was serious and the summary offences [possession of ammunition] were also serious,” he said.
The court heard that Hall’s drug problems started when he was wrongly prescribed dexamphetamine by a since deregistered psychologist.
He said that principal sentencing consideration was general deterrence concerning the contravention of the prohibition order.
“There was simply no excuse for you to possess a firearm,” he said.
Hall had been in custody for 336 days since last year.
He has a further indictable matter on October 12.