Marayong man found with several weapons will learn fate next week
Cary William McDonald, 48, faced Judge Mark Buscombe at Penrith District Court this afternoon on multiple weapons and drug charges.
Penrith
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The lawyer for a man found with a pump-action shotgun — among several other illegal weapons — said he was motivated by a need to protect his family.
Cary William McDonald, 48, of Marayong, faced Judge Mark Buscombe in Penrith District Court this afternoon for sentencing on several weapons and drugs charges he had previously pleaded guilty to.
However his case was adjourned to December 19 after his lawyer, Bryan Robinson, requested to enter further written submissions to the court regarding his sentence.
According to court documents, a search of McDonald’s house in Marayong found a black Mossman 12-gauge pump-action shotgun, a prohibited blade, two electronic control devices (tasers), two illegal batons, one set of handcuffs and one ballistic vest, as well as 0.4 grams of methylamphetamine and 13 grams of cannabis seeds.
Mr Robinson argued the charges were on the “lower end of objective seriousness”.
He argued the shotgun was not a self-loading gun, and was “less serious” than an automatic or semi-automatic weapon.
He also said the weapon was intended to protect his family as McDonald had been involved with drugs.
The prosecution argued the fact that the shotgun was beneath a mattress while there were two children present in the house raised the objective seriousness.
However, Mr Robinson said that fact should lower the seriousness.
He argued the weapon was “found in his home, not in a public area”, and that he showed no signs of wanting to use the shotgun.
He also argued neither of the tasers were operational.
Judge Buscombe granted Mr Robinson’s request for additional written submissions, but said some aspects of the case worried him.
He said he was “struck” by the fact “someone owned both a shotgun and body armour”, and that could change the seriousness of the matter.
He also expressed a desire to have the matter finalised before the end of the year.
McDonald will reappear via audiovisual link for sentencing on December 19.