Man jailed after cops find gun he bought online
A man has been ordered to serve 12 months imprisonment for the possession of a firearm he ordered online and had shipped through Australia Post.
Dane Luke Jagers, 35 pleaded guilty to four charges including unlawful possession of a short firearm in public, possessing/acquiring restricted items and two counts of driving while relevant drug is present in blood or saliva.
Police prosecutor Senior Constable Tina Bland said Jagers was the passenger of a vehicle they intercepted after it reversed from an address of interest.
The driver of the vehicle was under the influence of dangerous drugs while three children were in the back seat of the vehicle.
Police searched Jagers' backpack and found an extendible telescopic baton and a category H air soft pistol with a magazine of loaded BB pellets.
Jagers' lawyer Edwina Rowan said Jagers had a history of addiction and had started using cannabis and drinking alcohol when he was 13.
She said in 2011 Jagers had significant charges related to methamphetamine production and in November 2016 received a sentence of seven years for other charges.
Ms Rowan said Jagers did not realise the firearm he was in possession of was illegal.
"It was a BB gun, the pellets were plastic pallets and the weapon was purchased from an online website," Ms Rowan said.
"He tells me that he assumed because he purchased it online and it was shipped through Australia Post that he thought it would be legal to possess and thought it would carry the same status as a gel blaster gun."
Ms Rowan also said Jagers and his partner had both said he had been using the gun to take the children out to shoot targets on the property.
When sentencing Magistrate Andrew Moloney took into account his "fairly serious criminal history", his long period of good behaviour and his attempt at rehabilitation.
"You have had long periods of good behaviour, periods of being a useful member of society, long periods where you worked, long periods where you paid tax, a long period where you were Joe Blow," Magistrate Moloney said.
"But you have an addiction to methamphetamine, and not only do you commit offences but you commit very serious ones."
Magistrate Moloney said if it was at his discretion he may not have had him serve that long.
"The difficulty for you Mr Jagers is my hands are tied, the weapons act says that a person who is in possession of a short firearm in a public place, in circumstances like yours, must serve 12 months."
Jagers was sentenced to one year imprisonment and will be eligible for parol on December 13, 2020, his license was suspended for six months and for the rest of the charges he was convicted but not further punished.