Published 20 December 2024
Sentencing — manufacturing a restricted weapon — manufacturing a firearm — possessing a restricted weapon — possessing ammunition — 3D gun printing — Arms Act 1983, ss 55D & 69 — Search and Surveillance Act 2012 — Criminal Proceeds (Recovery) Act 2009 — Clarke v R [2024] NZCA 199 — Philpott v R [2021] NZHC 3219 — R v Rose [2023] NZDC 10267 — Karetu v Police [2012] NZHC 2370. The defendant appeared for sentence on four charges under the Arms Act. One charge each of possessing ammunition, and one of possessing a restricted weapon. The third and fourth charges were laid under s 55D of the Act: one of manufacturing a restricted weapon and one of manufacturing a firearm, each carrying a maximum sentence of 10 years' imprisonment. Following a search of the defendant's home, police located an operational 3D-printed pistol with live ammunition in the magazine. Police also located bullets, 3D-printed parts, a 3D printer, and various tools and items used to manufacture firearms. Section 55D of the Act came into force in 2020. There were no sentencing guideline cases on completed illegal manufacture of a firearm; however, the Court of Appeal case of Clarke v R dealt with attempted manufacture. The Court adopted a starting point of three years' imprisonment. The Court then applied discounts of 25 per cent for an early guilty plea and five per cent for remorse. From that, the Court applied an uplift of one month for offending while on sentence. The end sentence was one of 26 months' imprisonment. As the end sentence was over two years, there was no option to convert it to a sentence of home detention. The Court imposed a firearms prohibition order as sought by police. The Court also made an order for forfeiture of assembled firearms and firearms parts, and forfeiture and destruction of the ammunition and 3D printer. Judgment Date: 23 October 2024.
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