In October, Matthew Bryan McLaren, of Oamaru, became the first person in New Zealand to be sentenced for manufacturing firearms.
His appeal that the sentence applied at the time was too harsh was heard in Dunedin yesterday.
Judge Dominic Dravitzki sentenced him to 26 months’ jail last year after he admitted a charge of manufacturing five guns he 3-D printed between June 2022 and June 2023, manufacturing a restricted weapon, possessing a restricted weapon and possessing ammunition.
He made the guns in a sleepout at his home.
Police found an operational 3-D-printed pistol which was loaded with three live rounds of .22 ammunition in the attached magazine in McLaren’s sleepout.
They also found 26 bullets, 178 3-D-printed parts, a 3-D printer and various tools, springs and barrels used to manufacture firearms.
McLaren, 31, was arrested. He told police he was a ‘‘firearms enthusiast’’ and had printed about five other guns in the past two years.
Yesterday in the High Court at Dunedin, Justice Jonathan Eaton heard the defendant’s appeal, which included that he wanted ‘‘a second opinion’’ on the sentence.
Counsel Katherine Henry argued home detention was appropriate, given the guns were not linked to other criminal activity.
At the District Court sentencing, Ms Henry said McLaren had been ‘‘tinkering away’’, not realising his ‘‘hobby’’ was illegal.
Yesterday, she said she thought either the District Court judge’s starting point was too high, or McLaren was not given enough credit for his personal factors.
Crown prosecutor James Collins said the offending was planned, intricate and dangerous.
‘‘Items like this are inherently items of profound concern, even if they’re not attached to any other criminality,’’ he said.
He argued the offending should be dealt with strongly by the court.
‘‘The gentleman is not newly before the court here and I also took some scepticism to some of his claims that this was all an accident essentially,’’ he said.
Justice Eaton said the 10-year maximum penalty meant the charge warranted a stern response.
‘‘It’s new, it’s not commonplace yet, but with the ease Mr McLaren seemingly engaged in it, it’s going to happen quite routinely — and I would have thought that means the court has to stomp it out,’’ he said.
Justice Eaton said McLaren’s serious criminal history meant that it was unlikely he believed making guns was legal.
‘‘Doesn’t it seem crazy for him to say ‘I didn’t know it was unlawful’? I just can’t buy that,’’ the judge said.
‘‘You could make anything, but you choose to make a firearm.’’
Justice Eaton said home detention was not favourable as the crime had been committed at the defendant’s home.
He reserved his decision but said the District Court judge’s starting point ‘‘if anything, seems light’’.
‘‘I don’t think the court should be sending any signal to people who are inclined to manufacture firearms that they won’t go to jail,’’ he said.
