OFF THE WIRE
A TEENAGER who stole more than $15,000 worth of rare guns and gave them to suspected Hells Angels gang members won an appeal against his two and a half year jail term.
The 19-year-old man appealed the sentence in the NT Supreme Court, claiming his alleged "connection" with the Hells Angels was not supported by evidence.
In February, he pleaded guilty in Darwin Magistrates Court to stealing the collectables and was sentenced to 2 1/2 years' jail, suspended after serving six months.
His lawyer Louise Bennett told Justice Dean Mildren last month that there was no evidence to support the claim he knew his co-offenders were connected to the motorcycle gang.
She said there was also no evidence to show he knew the guns would end up in the hands of the Hells Angels.
Crown prosecutor Sandy Lau said the sentencing magistrate thought the crime was "very serious". During sentencing, Magistrate Daynor Trigg said someone who would steal firearms for the Hells Angels was not participating in "schoolboy" crime.
"Outlaw motorcycle gangs, such as the Hells Angels, are seriously and actively involved in serious criminal activity," he said.
But Justice Mildren found that Magistrate Trigg took a serious view because he knew the co-offenders had connections to the gang.
He said two of the nine guns, valued at $15,980, were found in the possession of someone "connected with the Hells Angels".
"It was never suggested that (the offender) knew this at the time of the offending," he said. "I would uphold the appeal on that ground."
Justice Mildren said the sentence imposed by Magistrate Trigg would be "set aside" and the teenager would be re-sentenced.
He suggested home detention as a possible alternative.
http://www.ntnews.com.au/article/2011/08/23/255331_ntnews.html
http://www.ntnews.com.au/article/2011/08/23/255331_ntnews.html
