Published 12 July 2021
Sentencing — unlawful possession of an imitation pistol — possession of methamphetamine — obstructing a medical officer or person assisting a medical officer of health — falsely passing off as essential worker — COVID-19 — lockdown — Alert Level 4 — Health Act 1956, ss 71A & 72(d) — Search and Surveillance Act 2012. The defendant appeared for sentence in relation to three charges: one each of unlawful possession of an imitation pistol, possession of methamphetamine, and obstructing a medical officer or person assisting a medical officer of health. The defendant had driven around during the COVID-19 national Alert Level 4 lockdown, after several warnings from police, and had presented a falsified document in an attempt to pass off as an essential worker. A warrantless search of his car revealed an imitation pistol and methamphetamine. The attempt to pass off as an essential worker constituted an aggravating feature of the offending. An electronically-monitored sentence was not available as the defendant's home address did not receive strong enough signal and it was not possible to have a signal booster installed. The Judge could not locate any decisions that indicated a sentence of imprisonment should not be imposed, and sentenced the defendant to 28 days' imprisonment. Judgment Date: 19 October 2020.
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