Daniel Tanner jailed on string of weapons charges
A Blue Mountains who had a firearms prohibition order was approached by police as he sat in court. What he did next got him and his mate in trouble.
Penrith
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A Blue Mountains man who texted his mate asking him to hide weapons from the police before a search of his property has successfully shortened his jail sentence.
Daniel Tanner, 26, of Blaxland, was originally sentenced to 30 months in jail in August for possessing an unregistered firearm, possessing a prohibited weapon without a permit, and having a firearm on his property while subject to a firearms prohibition order, but appealed his sentence in Penrith District Court on Tuesday.
According to court documents, police received information that Tanner had firearms and weapons in March this year.
Officers approached Tanner during an unrelated appearance at Penrith Local Court on March 5 and told him they would be searching his home.
When they asked him to provide keys so they wouldn’t have to force their way in, he told them his mother was the only person with keys.
Once police left, Tanner texted a friend asking for help to remove several weapons from his home.
According to documents, Tanner asked the man to get a taser from beside his bed and a BB gun and to throw them on the roof.
His friend was stopped a short distance from Tanner’s home and had his phone confiscated by police.
During the search of Tanner’s home, police found a black replica pistol, a fully operational 80KV taser, three illegal laser pointers, and a .22 calibre projectile.
After his arrest, Tanner denied any knowledge of the items or the text conversation with his friend.
In court, Tanner’s lawyer conceded jail was the only option, but said 30 months was “excessive”.
“There was a very early indicative guilty plea, one where there was an almost immediate acknowledgment of his wrongdoing,” he said.
“He’s done a number of programs which have addressed some lifestyle and drug and alcohol issues in custody, and he was actively searching for full-time rehabilitation before his sentence.”
His lawyer also said the weapons were not part of a “planned criminal activity”.
Judge Mark Buscombe acknowledged the starting point “seemed very high”, but said the charges were serious.
“There’s no evidence the accused was intending to use them for a criminal purpose, but clearly it’s a serious offence to have those items,” he said.
“He has a criminal history, and of particular significance is last year some sentences were varied on appeal for possessing a firearm, using an unregistered firearm, and possessing a prohibited weapon.”
Judge Buscombe set aside Tanner’s original sentence, and re-sentenced him to two years in jail with a non-parole period of 14 months.
He will first be eligible for release in May next year.