In the Oamaru District Court last year, Judge Dominic Dravitzki jailed 31-year-old Matthew Bryan McLaren for 26 months after he admitted 3-D printing five guns between June 2022 and June 2023, manufacturing a restricted weapon, possessing a restricted weapon and possessing ammunition.
In February, he appealed that sentence, arguing it was manifestly excessive and home detention was more suitable.
But in a decision released yesterday appeal judge Justice Jonathan Eaton upheld the original decision, noting the District Court judge was lenient in parts of the sentencing exercise.
McLaren’s offending was discovered in July after an unrelated search warrant was executed at his flat.
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 told police he was a ‘‘firearms enthusiast’’ and had printed about five other guns within two years.
In his decision, the appeal judge took into account McLaren’s 40 previous convictions, but acknowledged his early exposure to violence.
A probation report prepared before his sentencing said he was on the methadone programme and had a history of drug abuse and health issues.
The report noted that growing up, McLaren was exposed to violence at the hands of a neo-Nazi stepfather.
When he was 19, McLaren joined the Ayran Club, but had since left the gang.
While Ms Henry argued the sentencing judge should have afforded more credit for her client’s upbringing, Justice Eaton ruled the discount given was fair.
Ms Henry also said the legislation was aimed at targeting gangs and McLaren’s offending was not involved with any other criminality.
She said this warranted a lower starting point.
Justice Eaton disagreed, saying the purpose of the legislation went beyond targeting gangs and was to ensure police could trace firearms.
He noted the charge was introduced as a response to the 2019 Christchurch mosque shootings and he highlighted the 10-year-maximum penalty.
‘‘Parliament has clearly signalled that the illegal manufacture of firearms is a particularly serious offence,’’ the judge said.
‘‘Unlawfully manufactured firearms defeat the core objective of the firearms register, undermining the fundamental purpose of the legislation.’’
Justice Eaton upheld the sentence.
He also agreed with issuing a Firearms Protection Order, which prohibits McLaren from using, accessing or being around firearms for up to 10 years.
