A woman who appeared in Orange Local Court for firearms offences dating back to six years ago was told the delay stopped her from receiving a custodial sentence on Monday.
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Kylie Fairley, 42, of Grenfell Street, Parkes, was living at Larras Lee Road, Larras Lee, when police found a single-shot .22 calibre Voere rifle loaded with seven bullets in the magazine leaning against a wall next to her bed on November 26, 2013.
Police had gone to the property with a warrant for her husband and Fairley said the gun was unregistered and she did not have a firearms licence.
Fairley had already moved from the address when the court summons was sent three months later and because police were unable to find her a warrant was issued.
Were it not for the delay on these matters coming before the court, I would be dealing with this by way of some sort of jail sentence.
- Magistrate Karen Robinson
Although police did not find her for several years, solicitor Simon Colyer said she was living in and around the Parkes area.
Mr Colyer said the gun was already at the property when Fairley and her husband moved in and was used to shoot snakes that came onto the back porch.
He said the couple's relationship ended and the husband had moved out four days before police found the gun.
"It did come as a surprise when she was brought before the court on a summons executed by a warrant," Mr Colyer said.
"Since this offence has taken place there were no other offences."
Magistrate Karen Robinson said the offences were serious and gave Fairley a two year community correction order for possession of the unregistered firearm, and a 12-month community correction order for not keeping a firearm safely.
"Were it not for the delay on these matters coming before the court, I would be dealing with this by way of some sort of jail sentence," Ms Robinson said.
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