Stolen ute crash leads to hidden gun discovery

Prosecutor Leading Senior Constable Anna Hanlon told the court a Toyota HiLux ute worth $30,000 was stolen from a property on Echuca-Nanneella Rd, Nanneella, about 7pm on November 6, 2022, by unknown people.

It was then used by two unknown offenders who stole two guns from a property on McEwen Rd, Kyabram, the following day.

Leading Sen Constable Hanlon said the padlock to the front gate of the Kyabram property was cut and a triple barrel shotgun and Tikka 22-250 rifle were stolen from behind the front door of the house where they were stored.

The court heard the property owner came home and saw two people in a ute who were trying to hide their faces in the driveway.

The property owner drove his vehicle into the side of the ute in an attempt to make it stop, but was unsuccessful.

Leading Sen Constable Hanlon said the following day — November 8, 2022 — Oliver was driving the ute when he collided with a tree on Mitchell Rd at Kialla West.

He declined help from a passer-by and left the scene.

A police check at the scene found it was the ute stolen from Nanneella, and the triple barrel shotgun stolen from Kyabram was hidden under a shrub next to the vehicle.

Police found Oliver’s DNA in blood on the airbag that had gone off in the car, as well as on the gun.

Oliver’s defence solicitor Deniz Yildirim told the court there was no evidence his client had stolen the ute himself, but he had been driving it at the time of the crash.

He also said there was “no evidence he stole the firearm or knew the firearm was stolen”.

Mr Yildirim also said that while being a prohibited person possessing a firearm was a serious offence, no ammunition was found in the gun, the ute or at his client’s home.

He also said Oliver was “not aware the firearm was in the vehicle until he crashed it (the ute)”.

In sentencing Oliver, magistrate Timothy Bourke said Oliver had a “lengthy criminal history” that included assault with a weapon, and that was why he was prohibited from possessing firearms.

“The circumstances you came into the possession of the firearm are not favourable,” Mr Bourke said.

“You have a history of violence.

“Firearms are not to be in the hands of someone who is a prohibited person.”

Mr Bourke, however, said that he did “not draw any inferences of it (the gun) being used for any other use”.

Mr Bourke sentenced Oliver to three months in jail, but Oliver’s defence counsel appealed the sentence on the same day and Oliver was released on bail to await his appeal going before the County Court.