Kerry Barker: man escapes conviction after caught with illegal weapon

A Mid-North Coast man has narrowly escaped conviction after being caught with a gel blaster that he thought was a children’s toy.

A Mid-North Coast man has narrowly escaped conviction after being caught with a gel blaster that he thought was a children’s toy.

Kerry Barker, 51, pleaded guilty in Port Macquarie Local Court on 14 September for possession of an unauthorised prohibited firearm and possession of an unregistered firearm (prohibited firearm) after police discovered a gel blaster in his gun safe.

It follows a verbal domestic violence incident in Bombala between Barker and his wife of 30 years.

“(Barker) was unable to gain access to the residence and the keys for the gun safe, which was inside,” court documents reveal.

He called police to ensure nobody could access the firearms – five registered rifles and an unregistered gel blaster – while he was away from the home.

Agreed police facts claim Barker was “extremely remorseful and apologetic” when police informed him the gel blaster was prohibited, stating “he had no idea the weapon was illegal”.

Barker told police he “thought it was a toy”, having bought it on eBay.

He has since surrendered all firearms to police, with plans to move to Port Macquarie to live with his sister.

The man appeared before Port Macquarie Local Court this week.

The defence presented the magistrate with character references speaking on the rural man’s good nature, as well as a letter from Barker himself describing his choice as “stupid”.

“I only purchased it as it was advertised as a child’s toy and, since it only shot balls of water about 10 meters, I thought it would just be a bit of fun,” Barker’s letter read.

“Had I of known it was a prohibited item, I would never of purchased it.

“I have always obeyed the law and am so sorry that I have broken it now.

“I want the court to know that I am a good man, a law-abiding man, and that I’m so very, very sorry.”

Barker’s solicitor Olivia Slade told the court her client had gone half a century without ever committing a crime.

“He wishes to turn the clock back and change what he’s done,” Ms Slade said of the man’s clean criminal record.

The police prosecution acknowledged the weapon was kept locked away, but told the court Barker should’ve been aware this item was illegal”.

Magistrate Scott Nash reinforced this point, noting that while gel blasters are legal in some parts of Australia, they are “unlawful in NSW”.

He reminded Barker that the maximum penalty for such an offence is 14 years behind bars.

However Mr Nash found the offence to be at the lower end of objective seriousness, implying the anxiety Barker has undergone is a punishment in itself.

“I think you’ve learnt your lesson,” the magistrate said.

Barker was sentenced to a 12-month conditional release order without conviction.