A man who was involved in stealing four guns after cutting a gun safe out of a wall at a Shepparton home has been sentenced in court.
Shaun Bourke, 33, from Shepparton, pleaded guilty in Melbourne County Court to burglary, theft of a firearm, theft and being a prohibited person possessing a firearm.
He also pleaded guilty to summary charges of possessing cartridge ammunition without a licence or permit and committing an indictable offence while on bail.
The court heard Bourke and another man used power tools to cut a gun safe out of the wall and floor of a Shepparton home in August 2021.
The safe contained a rifle, handgun, handgun-shotgun hybrid and an air rifle, as well as ammunition, a knife and a machete.
The pair also took a bag containing items such as shooting goggles.
The two then went to the house of a third man, where they used tools to open the safe, before Bourke and the first man left with the guns and ammunition.
The gun safe was put in a caravan at the third man’s property.
The court was told the first man and an acquaintance then drove to Melbourne, before selling the guns in Geelong.
None of the guns were recovered.
Bourke’s barrister Katherine Rolfe argued her client’s role was less than his co-accused, because the other man knew the person they stole the guns from and would have had prior knowledge of their existence, whereas she said Bourke did not.
She also said Bourke’s part in the offending ended after the safe was opened, and he did not play a role in the sale of the guns.
In sentencing, Judge Andrew Palmer said he regarded it as a “mid-range” example of this type of offence — given that planning of it was evidenced by power tools being used to cut the safe from the wall and floor, and that four guns were stolen and none had been recovered.
“The theft of firearms is particularly serious theft because the on-flow can add to criminal activities,” Judge Palmer said
The judge also noted Bourke was a drug addict, who started using cocaine before moving to methamphetamines and GHB, but the defence argued he was keen to remain off drugs now.
He also said he had previous convictions for firearms, theft and burglary, and that these offences were committed 14 months after he was released from prison.
He said Bourke had a “reasonable prospect” of rehabilitation.
“You’re not a really young man and you’ve got a significant criminal history, but it’s not too late to turn your life around,” Judge Palmer said.
Bourke was sentenced to three years in prison, with 22 months set as the non-parole period.
The 662 days he has served in pre-sentence detention were declared as time already served, which means he is already eligible to apply for parole.