The unexpected incident left the courtroom shocked and silent. Judge Haamiora Raumati, who had issued the sentence, remained at the bench, continuing to write Peneha’s file notes, before calling the next defendant.
No further penalty was added to Peneha’s sentence.
He had been sentenced on six charges — unlawful possession of a cut-down .22 rifle and unlawful possession of ammunition, which police found in the boot of his car when they stopped it on August 16 about 11.15pm; two charges of theft involving more than $500 worth of corn from Leaderbrand; cultivation of cannabis (five plants ranging in height from 50cm to 1m); and driving while suspended.
The thefts of corn related to two separate occasions last December. During the first, crop managers noticed Peneha’s vehicle in a field and approached him. Peneha took the produce from his car, dumped it on a road and drove over it. (Reparation of $500 was sought but not ordered.)
On the second occasion a manager called police, who stopped Peneha with the corn in his vehicle.
Counsel Dave Walker made lengthy submissions as to why a sentence of home detention could suffice as the least restrictive outcome.
But Judge Raumati disagreed, saying prison was the only option for Peneha. He had been assessed as posing a high risk of harm to others and his motivation towards rehabilitation was questionable, particularly given his confirmed commitment to gang life. (Peneha is a member of Black Power.)
Mr Walker had highlighted the pistol was not in Peneha’s immediate reach, was not loaded, and its bolt and magazine were separate from it. There was no suggestion Peneha intended to use it — he said it was not his and he was unaware of it being in his car. He had been on his way to drop his brother home.
But Judge Raumati said the reality was the gun was in a gang member’s boot. The necessary parts and ammunition to make it actionable were alongside it and the time needed to assemble it would have been minimal.
There was only one thing cut down firearms were used for — the commission of crime, the judge said.
Peneha’s history, while lacking actual firearms offending, included a conviction for presenting an object in a manner that made it look like a firearm. That offence occurred in the context of a dispute with a rival gang member.
Peneha had previously been sentenced to home detention and while he had not breached its terms, it had not prevented him from further offending, Judge Raumati said.
Some of these charges he now faced were for offending that occurred while he was on bail for the serious firearms charges.
The judge set a starting point of 16 months, uplifting it by two months for Peneha’s previous offending and the additional offending while on bail.
The judge allowed six months discount for Peneha’s guilty pleas and youth, but noted Peneha’s commitment to a gang lifestyle negated many of the legal arguments normally made in support of youth discount.
The prison term will be followed by six months release conditions.
