STATE OF TASMANIA v BRODEN GREGORY KING 15 APRIL 2025
COMMENTS ON PASSING SENTENCE JAGO J
Mr King, you have pleaded guilty to the crime of stealing a firearm or firearm parts. I am also dealing with related summary offences, being three counts of burglary and one count of stealing.
All offences occurred sometime between 25 and 26 August 2023 at Penguin. Overnight, you went to the complainant’s home and entered an unlocked shed. This comprises one count of burglary. The shed contained the complainant’s vehicles and a locked firearm safe. You used bolt cutters to break open padlocks and gain access to the firearms safe. You removed from it a .22 calibre Norinco bolt action repeating rifle. You did not however take the breach bolt action belonging to the firearm as that was stored in a separate locked safe. The firearm was therefore inoperable, although of course could still be used for threatening or intimidating purposes. The firearm is valued at approximately $400. You then entered two of the complainant’s vehicles (this behaviour comprises the two further counts of burglary) and stole cash, to a total value of $320 from those vehicles.
On 26 August, the thefts were reported to police. Police subsequently conducted a forensic examination at the property. The bolt cutters you had used on the firearm safe were submitted for DNA analysis. They returned a high-grade DNA match to you. Further, in August 2023, your ex-partner provided a mobile phone to police. It was a phone you had been using. The phone contained a photograph of the stolen firearm.
You were arrested in January 2024. On 3 May 2024, the stolen firearm was located, hidden in a pine tree at an address in South Road, Penguin, where you had previously been staying. It was by pure chance that the firearm was located. The owner of the property was undertaking some maintenance work when he happened upon it.
You are 37 years of age. You have experienced a very difficult upbringing. Your father went to gaol when you were relatively young for the crime of manslaughter. The victim of his crime was the partner of your mother. That left you with no father figure in your life. You became involved in the criminal justice system from an early age. Your first interactions with police were when you were approximately nine years of age. You were well entrenched in Youth Justice courts by the age of 11. You were sentenced to periods of detention on several occasions. The main of your offending as a young person related to matters of dishonesty, consistent with you living independently and without family support from a young age. I am told you also developed a drug addiction from a young age, beginning to use cannabis when you were about 12 and quickly developing an addiction to amphetamine and then methyl amphetamine. Much of your life has been characterised by excessive drug use and crime committed in order to fund that addiction.
When you were in detention, you were sexually abused. You engaged with the redress scheme and proceeded to receive compensation as a consequence of that abuse. You found being involved in the redress scheme, and having to relive the trauma of your abuse, most difficult.
Sadly, as an adult your criminal offending has continued largely unabated. You have been sentenced to imprisonment on several occasions as an adult. You have also received the benefit of periods of suspended imprisonment and a Drug Treatment Order. Both of those sentencing options were breached. Your prior convictions include many, many offences of dishonesty, together with matters of violence, particularly towards police and drug offending. In terms of previous convictions under the Firearms Act, there are some limited matters involving possessing ammunition from 2021.
In addition to a criminal history in Tasmania, you also have a substantial criminal history in Western Australia. Those matters also predominately involve offences of dishonesty. You have been sentenced to periods of imprisonment in Western Australia.
Because of your chronic drug addiction, you have struggled to maintain any meaningful employment. You were last employed in 2016. When you have been able to obtain employment, you have felt more positive about life, but unfortunately, such periods of employment have been very spasmodic.
You suffer from post traumatic stress disorder, anxiety and depression, flowing from the trauma you experienced during your upbringing and whilst in detention. You have never received appropriate assistance for such conditions. Instead, you have sought to resolve your difficulties through the persistent use of illicit drugs. I am told you were using drugs heavily when these crimes were committed and that the purpose behind the burglary and stealing was to obtain items that could be on-sold or traded for drugs. You were not looking for a firearm specifically, but when you observed the firearm safe, you decided to break into it, believing you would be able to exchange any firearm found for drugs.
I am told that until recently you have not been prepared to acknowledge the significantly adverse effect drugs have had upon your life, but during your most recent period in custody, you have had a child born to a previous relationship. I am told that you are hopeful of one day developing a relationship with this child, but recognise that you need to do something about your drug addiction before this could eventuate. You are currently on a waitlist within the prison system for inclusion into drug and alcohol programmes.
You have been in custody for this and several summary matters for over a year now. On 5 March 2025, you were sentenced by the Magistrates Court in respect to a large number of matters. The sentence was 10 months’ imprisonment, commencing March 2024. That sentence expired on 21 January 2025, but since then you have remained in custody on this matter. I accept that you have experienced a number of lockdowns whilst remanded in custody, which, of course, makes your incarceration onerous and limits your opportunity for rehabilitative courses. Because my sentence will come on top of the sentencing order from the Magistrates Court, principles of totality have work to do. On my calculation, there is also some 51 days that you have spent in custody that have not otherwise been allocated to a sentencing order. They should be taken into account.
These crimes involve a high degree of objective seriousness. Breaking into another person’s home involves a terrible breach of privacy and intrusion into the sense of security to which a homeowner is entitled. Stealing firearms is a matter regarded with great concern by the community, and it is reflected in the fact that it is an indictable offence. It is obvious that criminal behaviour such as yours, directly results in these dangerous weapons coming into the hands of criminals. In this case, it is fortunate that the firearm was recovered, but that is purely fortuitous. General deterrence is a very significant sentencing consideration. Because of the need to emphasis that, and denounce your conduct, a substantial period of imprisonment is required, albeit appropriately moderated to recognise totality.
I make the following orders. You are convicted of the crime and offences to which you have pleaded guilty. I impose one sentence. You are sentenced to imprisonment for a period of twelve months, commencing 1 December 2024. I order that you not be eligible for parole until you have served one half of that period of imprisonment. I order that the firearm be forfeited to the State of Tasmania.