A Prospect man convicted of firearm trafficking was unsuitable for a home detention order because of his frequent use of cannabis for a medical condition, the Supreme Court has heard.
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Fran McCracken, defence counsel for Zachary Allan Parker, 29, of Prospect Vale, said that Parker was very unlikely to stop using cannabis to comply with the home detention order because he self-medicated for pain with cannabis.
"He is seeking assessment for medicinal cannabis but has to stop illegal use of that so that he can get legal use which is a bit like putting the cart before the horse," she said.
In other news:
Parker and Lane Michael Dwyer stole about $27,000 worth of firearms from a Brumby Street home at Longford in February and pleaded guilty to several charges.
Ms McCracken said that if Parker was subject to a home detention order he may breach the condition that he commit no imprisonable offence "which using cannabis is".
Justice Robert Pearce said he wanted to avoid a jail term if possible because Parker was not the principal offender and had prospects of rehabilitation.
He imposed a nine-month jail sentence which was suspended for two years on the condition that he commit no imprisonable offence.
He said the Sentencing Act does not expressly require such a condition that he not use an illicit drug.
"But it does so impliedly by requiring a condition that you not commit an offence punishable by imprisonment and that you submit to testing for the presence of an illicit drug," Justice Pearce said.
"The court does not condone cannabis use but, on the other hand, a sentencing order should not set you up to fail.
"If you breach the condition you must serve the sentence unless it is unjust to do so."
Mr Dwyer, 32, is serving a 15-month sentence with six months suspended.
The two men travelled to Longford in February where Dwyer identified a house.
The pair manhandled a gun safe into a utility and also stole a mountain bike worth about $6000, ammunition, a mobile phone and a jacket.
They abandoned the gun safe at Bishopsbourne and stole 14 firearms.
Justice Pearce said the men disposed of a Smith and Wesson .22 semi-automatic pistol, BSA bolt action .243 rifle, two Lanber 12-gauge shotguns, a Brno.270 rifle and a Webley and Scott 12-gauge shotgun to another person when they were not the registered owners.
The Smith and Wesson .22 semi-automatic pistol has not been recovered.
They offloaded stolen items at Hadspen and Prospect Vale before taking the remainder to Dwyer's unit at Newnham.
Justice Pearce said Parker's role in firearm trafficking was in conveying the weapons.
"Your blameworthiness is less than that of Dwyer," he said.
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Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
