A South Canterbury man’s claim he was not aware of the gang connections of an associate he illegally gave a shotgun to was not accepted by a judge.
The illegal handover of firearms in Christchurch, on August 9, 2024, was one of five firearms charges that Michael James Whitelock, 37, was sentenced on, by Judge Hermann Retzlaff in the Timaru District Court on Friday.
The four other charges related to a search warrant executed at Whitelock’s property north of Temuka, on March 13, 2025, when police recovered a Tikka 7mm 08 rifle, a Crossman air rifle, a .22 pistol and an assortment of various calibre ammunition.
The court heard that an aggravating feature of these two incidents was that Whitelock had previous firearms convictions in 2015. On that occasion Whitelock was jailed for 4½ years in the Greymouth District Court having pleaded guilty to the ill treatment of animals, unlawful possession of firearms, and attempting to pervert the course of justice.
According to the police summary of facts, Whitelock was at the Woolston, Christchurch, gang pad of the South Island Comanchero Motorcycle Club last August when the exchange of the pump action shotgun took place.
Whitelock first met with a high-ranking member of the Comanchero gang before removing the firearm from his motor vehicle and, at the direction of the associate, placed it in a gang nominee’s vehicle.
Whitelock left the gang pad, and shortly afterwards, the nominee left for his address, in his vehicle which had the firearm.
“The firearm was recovered during a search warrant at that address three weeks later,” the summary said.
“The Comanchero member was not a firearms licence holder.”
After a search of Whitelock’s property in March, the summary said he admitted to possession of the firearm at the Comanchero’s pad.
“He further admitted owning the other firearms located at his address, claiming he used them for hunting.”
The summary said Whitelock claimed the .22 pistol did not work, and was used as a toy by his child.
Defence lawyer, Thomas Nation, said his client had made a number of errors of judgement during his life and his criminal history was evidence of that.
Nation said Whitelock was at a point where he had an opportunity to provide for those who rely on him, and he had a strong work ethic.
“This really represents a turning point for him,” he said.
Police prosecutor Sergeant Ian Howard said the biggest aggravating feature was that Whitelock had possession of firearms when he shouldn’t have, and then deliberately supplied them to the gang member at the gang pad.
Howard said police also rejected a suggestion he wasn’t fully aware of the affiliation.
“He certainly would have known where he was, and what he was doing, and who the person was that he was dealing with.”
Howard said it was “sheer luck” that the firearm was now not in the hands of the gang members that it was supplied too.
Judge Retzlaff said he was unsure whether he could accept the lack of gang links claim.
“The aggravating features of these circumstances are previous convictions.”
Judge Retzlaff said in mitigation, the pre-sentence report advanced community detention, community work and a donation to charity.
“This is advanced on the basis of your recognised strong work ethics, self-employment and your business associates…
“I have noted a $5000 donation made to search and rescue.
“I do not accept that you are completely ignorant as to your associate’s gang connections.”
Judge Retzlaff’s starting point was 24 months jail for possessing the shotgun and supplying it to a non-licensed person. He uplifted that to 28 months for the remaining charges and increased that to 30 months for Whitelock’s previous relevant convictions.
A 25% early guilty pleas discount reduced that to 22½ months, with a deduction of a further 1½ months for a “positive personal background”.
Judget Retzlaff referred to the pre-sentence report and submissions from Whitelock’s counsel, in ruling that the potential level of culpability could be met, by a fine margin, with a non-custodial sentence.
The judge said the hope was that Whitelock could continue to remain free from any future negative associations or reoffending, and he imposed the maximum community detention sentence of six months.
Judge Retzlaff said that was the least restrictive outcome and allowed for the continued prospects of rehabilitation, along with continued constructive employment.
Whitelock was also sentenced to 100 hours community work and ordered to pay a further donation of $1000 to The Salvation Army.
Judge Retzlaff ordered the destruction of the firearms and ammunition.
Source: The Press TE MATATIKA
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