A man found with an imitation AK-47 firearm in the roof of his home has been sentenced to four weeks behind bars, suspended.
Jai Craig Nichols, 43, was arrested on June 8 last year after police found the realistic-looking gel blaster during a search of his home.
The court heard that officers were initially called to the property following reports a person subject to family violence orders was there.
During the search, the officers noticed a manhole to the roof space that appeared to have been recently opened, finding the weapon inside.
Nichols, who was taken to the Sorell Police Station, told officers he had found the firearm after returning home from custody a few days earlier.
He said he climbed into the roof to check his alarm box and found the weapon, which he believed was a toy due to its orange colour and lack of a magazine.
Justice Stephen Estcourt said Nichols told police “someone else had put the firearm there” and that he hadn’t moved it as “it was a very stressful time”.
“He stated that if it were a real firearm, he would have done something about it, but because he knew it was plastic, he knew it was not real,” Justice Estcourt said.
“None of those things are challenged by the state.”
The judge acknowledged that possessing an imitation firearm is a serious offence, but said the incident “involves unusual circumstances”.
“The defendant also suspected, not unreasonably in my view, given the false report to police about the presence of the protected person at his house, that he was “set up” by a third party in relation to the offending,” he said.
“The state accepts that the defendant did not put the firearm in the ceiling.”
Nichols was sentenced to four weeks in prison, with the sentence suspended on the condition that he not commit any further offences punishable by imprisonment for the next six months.
