Johnny King, 29, of Seymour, pleaded guilty in Shepparton Magistrates’ Court later that same day charged with being a prohibited person possessing an imitation firearm, possessing methamphetamines and two counts of committing an indictable offence while on bail.
Prosecutor Samantha Owen told the court said police had a report from a member of the public who said he saw King with a firearm in Shepparton’s CBD at 12.30am Thursday.
The man told police he saw at least four males, including King, in a Holden Commodore.
Ms Owen said when police found King on High St later they found a silver and black imitation firearm that she said “appeared to be real” as well as less than one gram of methamphetamines.
King’s solicitor Karyn Werner, however, told the court the imitation gun was a cigarette lighter.
“It’s not illegal to have a lighter in the shape of a gun,” King said.
The court also heard King had been jailed for 29 days recently for possessing an imitation firearm and drugs.
However, King countered that on that occasion the imitation firearm was a full-sized gel blaster “and not a tiny lighter like this”.
Looking at police photos, magistrate Simon Zebrowski also noted the size of the ‘imitation gun’ saying it “was hard to get an idea of how small it was, but it looks pretty small”.
He said it looked small in relation to a hand in the police photos but noted the hand was closer to the camera.
“If it fits in the palm of my hand, no-one’s going to think that’s a gun,” he said.
Mr Zebrowski released King on bail and deferred his sentence until November, when he will hear the summary in relation to other separate charges he faces.
His only condition of bail was that he comply with any requirements of the Court Integrated Services Program.
“He’s only got a small amount of drugs. That would only be a fine,” Mr Zebrowski said.
“The summary doesn’t tell me the circumstances in which he (the witness) saw it (the gun).
“I can’t tell if he was lighting a cigarette ... or waving it around at someone.”
He told King his performance on CISP bail would determine his sentence.
