A Tasmanian man who broke into a shed and stole a rifle has failed to convince the state’s highest criminal court that his 12-month prison sentence was too harsh.
Broden Gregory King, 37, appealed his sentence to the Supreme Court of Tasmania’s Court of Criminal Appeal, arguing it was “manifestly excessive”.
The court unanimously dismissed the appeal in August, with its full written reasons published late last month.
King had earlier pleaded guilty to stealing a firearm, as well as multiple burglary and theft charges.
The court heard he broke into an unlocked shed at a residential property on the night of August 25-26, 2023, using bolt cutters to force open a gun safe.
He stole a .22 calibre rifle worth about $400 and took $320 in cash from vehicles stored in the shed.
The rifle was missing its bolt action, which was kept in a separate safe King did not access, meaning the weapon was incapable of firing.
Police arrested King in January 2024 after DNA found on the bolt cutters, along with a photo of the gun on his phone, linked him to the offence.
Delivering the lead judgment, Justice Michael Brett said firearm theft was becoming an increasingly serious problem in Tasmania.
“It is apparent from my own experience as a sentencing judge that such crimes have increased in prevalence over the last few years,” he said.
“This is undoubtedly related to the concerning increase in the use of illicit drugs and crimes associated with drug use.”
Justice Brett said it was “obvious” firearms were being targeted because of their “lucrative market” and ease of sale as a “ready source” of funds to purchase drugs.
“The direct consequence of the existence of this market is that stolen firearms come into the possession of criminals and become available for use in criminal activity,” he said.
“This is a matter of great concern to the community.”
The court was told King had a lengthy criminal history dating back to the age of nine, including numerous burglaries.
His lawyers pointed to a troubled childhood, abuse suffered while in youth detention and significant mental health issues, including PTSD.
King told the sentencing judge he committed the offences to fund his drug habit.
Justice Brett acknowledged those mitigating factors but said the original 12-month sentence with a six-month non-parole period was justified.
“Given the appellant’s criminal history, there was also a significant need for specific deterrence,” he said.
“Apart from totality and the appellant’s plea of guilty, there was little mitigation available to him.”
