Mark Gibbons: Charmhaven man charged over unregistered `slug gun’
A man’s desire to keep the crows away from his chicken coup left him facing a maximum sentence of 14 year’s jail.
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A man who liked to sit out the back of his property “polishing a firearm” was charged with three weapons offences when police were called to a domestic dispute, a court has heard.
Mark Wayne Gibbons faced Wyong Local Court on Wednesday where he pleaded guilty to failing to keep a firearm safely, possessing an unregistered air rifle and possessing ammunition without a licence.
An agreed statement of facts tendered to court state police attended the 63-year-old’s address on Mona Rd at Charmhaven following reports of a domestic dispute on Monday, February 17.
The facts state police attended and during this time inquiries were made in relation to firearms being on the property.
Police were informed “that the accused often sits out the back polishing a firearm,” the facts state.
Gibbons told officers there was “one” behind the fridge and indicated to an outdoor fridge.
He was arrested and the firearm was photographed in situ.
“The accused admitted to using the rifle to scare away crows from his chickens, and that being behind the fridge was keeping it out of harm’s reach,” the facts state.
“The firearm was located with a pellet in the chamber and within 1-2m from a container of several hundred more pellets.”
Police found a container containing about 500 “slug” pellets which were also seized.
Gibbons’ solicitor told the court “there were some issues in the family and he and his wife were trying to support his daughter”.
The solicitor said Gibbons admitted using the “old fashioned slug gun” to scare away crows from his chicken coup which was located about 20m behind the house on the 2.4ha property.
He told the court his client would polish it on occasion to ensure it was in working order and there was no suggestion he was “waving it around” in any kind of threatening manner.
He said Gibbons conceded his daughter and her children would visit the house but the air rifle could not be accessed “by anyone other than a full grown man” because it required moving the fridge forward away from the wall.
However Magistrate Elizabeth Ellis said “I see it much more seriously”, telling the court he faced a maximum penalty of 14 year’s jail.
Ms Ellis convicted Gibbons and put him on a community corrections order for 12 months for possessing the unregistered firearm and fined him $2400 for failing to keep it safe and having ammunition without a permit.