A North-West man found guilty of possessing a prohibited firearm that replicated an M4 rifle and with a long string of firearms offences behind him will not be jailed if he behaves himself.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Justice Tamara Jago on Friday sentenced Preolenna man Dylan Trent Shepperd, 40, to three months' jail after he was found guilty by a jury in June of possessing the prohibited M4 replica without a licence of the appropriate category.
The jail term was wholly suspended on condition Shepperd commit no offence punishable by jail for 18 months.
Before handing down her sentence in the Supreme Court, in Burnie, Justice Jago detailed Shepperd's previous firearms offences stretching back to 2008, when he was sentenced for aggravated assault, involving using a shortened firearm to make a threatening gesture to a man.
Justice Jago said Shepperd had a poor record generally.
She said a sentence of imprisonment was required, noting the replica - which fired plastic pellets at a rapid rate and was capable of perforating skin and causing serious eye injuries - could have been readily mistaken for the real thing.
"The danger is it looks very real and can easily be misused for sinister purposes," she said.
She said the fact possessing prohibited firearms was an indictable offence reflected its seriousness.
Justice Jago said she was satisfied Shepperd knew possessing it was illegal.
The judge noted it was a less serious matter than possessing an actual M4, and said there was no suggestion Shepperd intended to use it for sinister purposes.
Justice Jago said she also considered Shepperd's personal circumstances, that he had addressed past difficulties with alcohol and the "abatement" of his offending in recent times.
She said Shepperd lived a quiet lifestyle on a rural property and was not employed.
He had used the replica for target shooting.
Police noticed the firearm in June 2020 when they visited the property about a matter Justice Jago said did not relate to Shepperd.
Shepperd pleaded not guilty to the charge, and described the replica as a toy.
He told police he bought it on eBay and upgraded it, spending about $1000 turning it into a precise replica.
Why not have your say? Write a letter to the editor here:
Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content:
- Bookmark www.examiner.com.au
- Make sure you are signed up for our breaking and regular headlines newsletters
- Follow us on Twitter: @examineronline
- Follow us on Instagram: @examineronline
- Follow us on Google News: The Examiner