A man who broke into a shed and stole several firearms to settle a drug debt has avoided jail after a court heard he was threatened at gunpoint and warned his family would be harmed if he refused.
Andrew James Bellamy, 33, was handed a drug treatment order by the Supreme Court after admitting to the April break-in, which netted firearms and ammunition worth almost $9,000.
The court heard Bellamy had built up large debts from his methamphetamine addiction when his partner and dog were threatened unless he carried out the burglary.
Justice Stephen Estcourt said Bellamy had been assaulted and had a handgun pressed to his face in front of his partner.
“He did not want to do it… he did not have any choice in it,” the judge said, citing comments made by Bellamy in his police interview.
On April 8, Bellamy and co-accused Luke Pearce drove to the property, where Bellamy broke into a shed containing a gun safe.
He used an angle grinder to cut it open, stealing six firearms and ammunition before leaving.
When those who ordered the job realised gun bolts were missing, Bellamy was forced to return on a bicycle.
During the second trip, he ran into police, dropped a rifle and a bag of ammunition and tried to flee – but crashed into an unmarked patrol car.
The court was told Bellamy’s drug use had spiralled to as much as six points of methamphetamine a day and that he had already failed a treatment program.
“He has expressed that the trauma of having his family threatened and the threats to himself and the assault with the firearm have been a ‘wake up call’ and he now genuinely wishes to change,” a report presented to the court read.
Bellamy was given a 15-month drug treatment order with strict conditions, including curfews and regular testing.
