STATE OF TASMANIA v EMMETT REX VERNON FRANKCOMBE
28 FEBRUARY 2024
COMMENTS ON PASSING SENTENCE JAGO J
Mr Frankcombe, you have pleaded guilty to one count of possessing a prohibited firearm when not the holder of a firearm’s licence of the appropriate category. By way of s 385A of the Criminal Code I am also dealing with your pleas of guilty to the related summary offences of possess an unregistered firearm; possess ammunition when not the holder of the appropriate firearm licence; two counts of possess a firearm when not the holder of a firearm licence of the appropriate category; one count of fail to take all precautions to ensure safekeeping of firearm and one count of fail to take all precautions to ensure safekeeping of ammunition.
The charges arose as a consequence of police attending your residence on 23 August 2023 in respect to an unrelated matter. They had information to suggest you were in possession of firearms and ammunition. You were asked whether you had possession of such items. On multiple occasions you denied that you did. Police then informed you your residence would be searched. On the property there was a main residence and a secondary residence together with a number of sheds.
Police believed that you were residing in the secondary residence. When you were informed that that residence would also be searched, you said “let’s just go down there and get it out of the way”. Upon entry to the secondary residence, you picked up a container from a shelf. The container contained a .22 rifle magazine, which contained four rounds and 61 loose .22 rounds. This ammunition was not properly secured. You then produced to police a .22 LR rifle with scope. Police seized this rifle and some accompanying ammunition. You told police that you had located this firearm in a nearby bush area approximately a fortnight earlier. This firearm was subsequently identified as a Voere Kufstein Stif 1 semi-automatic .22 gauge rifle. It is classified as a prohibited firearm as it is a semi-automatic rifle. During the search, police also located two imitation pistols, which were gel-blasters, and a single Winchester 12 gauge cartridge. A number of spent 12 gauge cartridges were located throughout the residence. The imitation firearms and cartridges were seized. None of the firearms, nor any of the ammunition were stored in appropriate storage facilities. You were not the holder of any current firearms’ licence.
You have no relevant prior convictions. By way of prior recorded criminal history you have some driving matters and breaches of the Road Safety (Alcohol and Drugs) Act but nothing of direct relevance. You are 33 years of age. You are currently separated from your wife. You continue to have regular contact with your children. You are hopeful of a reconciliation. You grew up on a farming property at Mount Hicks. After completing your schooling, you went to work on the family farm. You continue to farm that property and have also acquired an adjacent farming property with a view to expanding the acreage available for the family farm.
You now admit the prohibited firearm which was found had been on the property for some time. It had been used by you for vermin control and to euthanase animals. There is no suggestion the firearm was in any way used for illegal or criminal activity. As to the gel-blasters, you purchased those online. I am told you did not appreciate their status as firearms in Tasmania, or understand that it was illegal to possess them. Again, there is no suggestion you had possession of the imitation firearms for any improper purpose, but in the wrong hands, such items can be used to commit crimes because they look so much like the real thing. I do note here that the gel-blasters are described as being quite colourful and therefore less likely to be mistaken as real firearms.
I note the firearms were in the second residence and not in the main residence on the property where your wife and children resided with you when they lived there. Nevertheless, there is no reason to consider the second residence could not have been easily accessed. In my view, you displayed a careless attitude given the dangers that can be associated with firearms if they fall into the wrong hands to simply leave them inappropriately stored in the second residence. Remote rural properties are not uncommonly the target of those looking to acquire firearms illegally and, of course, the risk always is that carelessly stored firearms will be stolen, find their way into the wrong hands and be used in criminal endeavours.
In sentencing for any firearm offence, general deterrence is always an important sentencing consideration. Parliament has put into place a strict regime in respect to the possession and use of firearms. Its purpose is directed at providing community protection through the licencing and regulations of firearms and to ensure that only responsible persons with appropriate licences have access to firearms. It must be understood that those not willing to exercise proper care and responsibility with the safekeeping of firearms will face penalties. You made a poor decision in the manner in which you chose to store the firearms and ammunition and, of course, it is most noteworthy that you should not have possessed the firearm at all given you did not hold a firearms’ licence.
I take into account your early pleas of guilty to these charges. You are entitled to credit for that. Taking into account all relevant circumstances including, in particular, your absence of relevant prior convictions and my satisfaction that it is unlikely you will reoffend, I consider I can appropriately deal with these matters by way of the imposition of a fine.
You are convicted of all matters to which you have entered pleas of guilty. I will impose one sentence. You are fined the sum of $5,000, payable within 28 days. I order the forfeiture of all firearms and ammunition seized by Tasmania Police.