Chacain Kennedy, 25, of Mooroopna, faced Shepparton Magistrates’ Court in an unsuccessful summary jurisdiction application where his lawyer attempted to get his charges to remain in the Magistrates’ Court rather than being committed to the higher County Court to be heard.
He is charged with two counts of theft of a vehicle, possessing a trafficable quantity of guns, two counts of possessing a firearm while a prohibited person, possessing cartridge ammunition, possessing a rifle bolt which is a firearm-related item, possessing a controlled weapon, and careless driving.
He is also charged with disqualified driving, failing to give a name and address after a collision, and dishonest retention of stolen goods.
Prosecutor Sam Owen told the court unknown people stole a Ford Ranger ute on October 17, 2024, and a Jeep Grand Cherokee the next day.
On October 23, 2024, a Murchison resident awoke to find his Toyota Hilux had been stolen, as well as four guns – three shotguns and a rifle – from his gun safe.
Another house in Murchison had jewellery, electronics, cash, collectables, paperwork and spare car keys stolen.
Kennedy was driving the stolen Jeep when he collided with another vehicle in Knight St, Mooroopna, before fleeing the scene at 7.15pm on October 28, Ms Owen said.
Police found the ute dumped in the Gemmill Swamp area near McFarlane Rd in Mooroopna shortly after midnight.
Inside was ammunition, components for a slam gun, registration plates for the Ford Ranger, a machete, as well as jewellery, cash and luxury goods stolen from Murchison.
Wrapped in a pair of pants and placed under a bush 3m from the vehicle was a rifle that had been stolen from a Moama property.
Police found Kennedy in another car in the bush, Ms Owen said.
The court heard when police searched Kennedy’s Mooroopna home on October 28, they found a Winchester 12-gauge shotgun that had been stolen from Moama, a rifle bolt, and collectables stolen from the Murchison house.
On the phone of one of his co-accused, police found a video of Kennedy and one of his co-accused removing seats from the stolen Ranger and putting them in the Jeep, Ms Owen said.
Kennedy’s defence counsel applied for summary jurisdiction for the matter to be heard in the Magistrates’ Court, rather than the County Court, saying the charges of possessing a firearm were “routinely heard” in the Magistrates’ Court.
She said that while possession of a firearm was serious, there were no allegations of it being used in the commission of an offence, and that had not been loaded, and that the offences were “not planned”.
She also said Kennedy, who was 24 years old at the time of the incidents, had not offended since being bailed 12 months ago.
Ms Owen opposed the summary jurisdiction application, saying this was not the first time Kennedy would be sentenced on firearms charges.
She also said this time, the offence was aggravated by the fact one of the guns was left under a bush in a public place.
She also refuted the defence’s suggestion that there was no planning involved, saying there was a degree of organisation with the gun being hidden under the bed, and of the plates of the vehicle being cloned.
Magistrate Amina Bhai refused to grant summary jurisdiction saying the offending was “serious” and came only a few months after he was sentenced on another charge of possessing a firearm.
Kennedy was committed to the Koori Court division of the County Court on a plea of guilty.
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