Man escapes conviction for World War II anti-aircraft cannon in garage

A war enthusiast who illegally bought a World War II cannon was relieved when a magistrate in Darwin, Australia, said the weapon should be given to a museum. Building contractor Phillip Barry Hoare, 24, said it was "a good outcome" despite the guilty verdict recorded against him. "But (the court case) was just a waste of taxpayers' money," he said. "I was going to donate the cannon in the first place."



Hoare, of Winnellie, escaped conviction for purchasing and possessing a prohibited firearm without a licence. His lawyer Peter Maley argued kids running around with potato guns posed a bigger threat than the defunct 6.5 tonne Bofors 40mm anti-aircraft cannon. He said it should not be considered a prohibited weapon because its "core" - including a firing pin - was missing.

"It will not expel a projectile," he told the court. "My client called police to tell them the cannon had arrived and he wanted to declare it and they raided him. There is ambiguity in the legislation that should be resolved in favour of my client." But prosecutor Ben Humphris said parts and a user guide for the gun could be sourced on the internet. "We did not allege any sinister intent," he said.



"But the fact a weapon capable of engaging multiple airborne targets could be made operable was of concern." Magistrate Michael Carey found Mr Hoare guilty. "But it's not like he's a member of a bikie gang with a concealed weapon or something of that nature," he said. "It would be a shame to see the weapon melted down." Mr Carey recommended the 1945-built cannon be rendered safe and donated to the Darwin Military Museum if it obtained a licence.