Magistrate David Day sentenced a man to jail on Wednesday for possession of a stolen firearm saying too many firearms offences come before the local and district courts in Orange and a message needed to be sent to deter offenders.
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"Firearms offences are prevalent in my area of operation," Mr Day said.
"In my [infrequent] discussions with magistrate [Philip] Stewart in Parkes, he said the same thing, too many guns."
Daniel Jake Gold, 23, of Sir Neville Howse Place, told police he did not own the stolen gun.
"It matters nought that he says it wasn't his, he had it in his possession. Because he was an avid drug user at the time it's of great concern," Mr Day said.
However, while they were talking to the woman they thought Gold had locked himself in the garage. Police were given permission to kick the garage door in, because Gold was the only person who had a key.
He was not there but all his possessions, except his clothes, were stored there, and there was a .22 Remington firearm on a table.
Police checks revealed the gun was stolen from a small town in the Southern Tablelands in 2016 and Gold's firearms licence had been revoked.
It matters nought that he says it wasn't his, he had it in his possession.
- Magistrate David Day
Gold was granted bail and was subject to conditions that he not take drugs and that he not leave an address in Sir Neville Howse Place.
However, police found him in a house at Leura Road on July 16, and he resisted four police officers and refused to remove his hands from his pocket when they went to arrest him for breaching his bail.
His hands were removed from his pockets on the fifth attempt and he had a glass 'ice' pipe in his right hand and a bag containing 0.26 grams of methamphetamine in his left hand.
Solicitor Emma Mason said Gold was homeless and he had a "significant methamphetamine habit". She said he started smoking cannabis in 2012 but by 2019 he was spending more than a $1000 a week on drugs while working as an apprentice motor mechanic.
She said Gold was affected by methamphetamine during both offences this year.
He was also grieving the sudden death of his girlfriend, and the death of a close friend from a drug overdose, which both followed the death of one of his cousins.
Ms Mason said Gold said the "charges were a blessing in disguise, it saved my life." She said he has been in custody since July 16 during which time he has not had access to drugs and he has been employed maintaining sewing machines at the jail.
The message needs to go out, even to people like Mr Gold, that it is not okay, and that if someone leaves a gun in your premises and it's not yours and you do not have a licence, you pluck up the courage in about five seconds and call the police.
- Magistrate David Day
As well as being on bail for the second offence, Gold was also subject to four community correction orders for previous crimes.
"Because of the approach I'm going to take on the most serious matter, which is the stolen firearms matter, I've determined that I'll take no action on the breaches," Mr Day said.
"The message needs to go out, even to people like Mr Gold, that it is not okay, and that if someone leaves a gun in your premises and it's not yours and you do not have a licence, you pluck up the courage in about five seconds and call the police.
Mr Day gave him a 12-month jail sentence with a six-month non-parole period for possession of the stolen gun, he could be eligible for release on January 15, 2021. Mr Day also gave him a 12-month CCO for the drug possession and a six-month CCO for resisting arrest.
If this has raised any concerns for you, contact Lifeline on 13 11 14.
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