Magistrate reluctantly considers home detention over Waverley gun safe theft

Malcolm James Knowles, 41, pleaded guilty to one count each of burglary, aggravated burglary and stealing at the Launceston Magistrates Court on April 22, 2024.

He previously pleaded not guilty to the charges, but had entered guilty pleas on one count of driving while disqualified and multiple instances of failing to appear before the court on the matter.

Police prosecutor Brad Collins told the court the burglary charges dated back to 2022, when Knowles broke into a house at Waverley some time between 4.30pm on November 1 and 4.30pm on November 2.

Mr Collins said Knowles forced his way into the house by opening a sliding door with a fire poker that the property owner stored outside.

Once inside the house Knowles went from room to room and, once he found the firearms safe, dragged it out the house and into a wheelbarrow.

He also took several pieces of jewellery and some knives.

Mr Collins said the gun safe contained three rifles - one air rifle, one bolt-action and one lever-action - and a 12-gauge shotgun, one of which had since been found.

Knowles also cut his way into a shed outside, stealing power tools and a trail bike before leaving the house.

Mr Collins said DNA tests on the wheelbarrow and a small torch found at the scene showed Knowles had committed the burglary.

The knives were found after police searched Knowles' house, and Mr Collins said the man made no comment during a subsequent police interview.

Magistrate Sharon Cure quizzed Mr Collins about the delay in proceedings against Knowles, as the burglary happened "a long time ago".

The police prosecutor said detectives could only progress the investigation after the forensic testing returned results in February 2023, and the matter had been listed on court dockets several times since.

The magistrate said she was "at a loss" to understand why police did not press charges under the Firearms Act 1996, which would have landed Knowles in the Supreme Court rather than the Magistrates Court.

"Four firearms have gone into the community as a result of this offence," Mrs Cure said.

"This is almost out of my jurisdiction."

The disqualified driving charge was brought by police in March 2023 after Knowles was caught behind the wheel just over one month after he had been disqualified by the court, on February 15.

This carried a four-month wholly-suspended prison sentence, and Mrs Cure said Knowles "put his liberty at risk" by breaching the court order.

Defence counsel Grant Tucker asked Mrs Cure to consider a home detention order, and said Knowles had been "going through a bad spot" at the time.

Mr Tucker said Knowles had been "left holding the can" by other people involved in the burglary.

"He didn't deal with the rifles," he said.

"There were others involved, who haven't been identified."

Mrs Cure quizzed Mr Tucker on the appropriateness of a home detention order, given the seriousness of the crimes.

"Do you say you can get a suspended sentence, breach it within one month, and get home detention?" she said.

"It doesn't make sense to me."

The magistrate agreed to have Knowles assessed for a home detention order, something she was obligated to do under legislation but she "did not make any promises" as to his fate.

"Don't draw any conclusions from this," Mrs Cure said.

The matter was adjourned until June 20.