A 45-year-old man who was found with a metal imitation handgun has two days to prove it was given to him as a present as he claims or he will likely face time behind bars.
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Albert Alfred Johnson, of Sebastopol, was charged with possessing the cap gun - which falls under the category of imitation firearm under Victorian law – after he was intercepted for driving disqualified on Saturday.
The gun, which Johnson told police he did not know was illegal, was gifted to him according to Johnson’s lawyer David Taminika.
Mr Taminika said in reality there were still toy guns in circulation which fell under the imitation firearm category and need approval for possessing because of their similarity in looks to a working firearm.
But he added his client was unaware of this when it was given to him.
Mr Taminika urged the magistrate to consider giving his client, who pleaded guilty to six offences including two counts of driving disqualified, unpaid community work to complete.
“Unpaid work is a punitive element which gives back to the community,” he said.
Magistrate Gregory Robinson said he would have considered a community corrections order if not for the gun.
“Driving with that between your seat warrants jail,” he said.
Mr Robinson adjourned sentencing until Thursday to allow the accused time to call evidence about the gun being given as a present.
In a separate matter an Ararat man was fined after pleading guilty to multiple counts of driving disqualified.
The Ballarat Magistrates’ Court on Monday heard Kapai Rehu was caught on three occasions last year driving knowing he was disqualified.
The court heard on one occasion Rehu pulled into a Doveton Street driveway and immediately got out of the car and told police he knew he was disqualified.
On another occasion he was intercepted in Delacombe on his way to “pick up a friend” in a unregistered car.
His lawyer, David Taminika, told the court his client’s life “fell down in a heap” after he lost his eye in a violent assault.
“His ability to work and drive was hampered,” he said. Mr Taminika said Rehu did not put much foresight into anything at the time, but had since gained employment and remained out of trouble.
Rehu was fined $1500.
A 24-year-old man was also fined $750 after pleading guilty to his third drive while disqualified charge.
Magistrate Gregory Robinson told the man it would have been cheaper to catch a taxi than risk being caught driving during his plea hearing on Monday.