A man who bought a taser bought on Wish told police he didn't realise it was illegal despite throwing it over a fence when he saw police were following him.
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Benjamin Turner of Maxwell Avenue was present in Orange Local Court on Wednesday, June 5, 2024.
He was sentenced for possession of the taser, buying cigarettes with a stolen bank card and allowing a cannabis plant to be grown in his home.
The 22-year-old was charged with dishonestly obtaining financial advantage after using a stolen debit card to buy a packet of cigarettes worth $30.49 on June 5, 2023.
According to court documents, the card was stolen from a vehicle overnight on June 4 and 5, 2023.
About 3.40am Turner met with two teenage associates and they went to the 7-Eleven petrol station on Molong Road.
![The 7-Eleven on Molong Road where a man used a stolen debit card to buy cigarettes. Picture by Jude Keogh The 7-Eleven on Molong Road where a man used a stolen debit card to buy cigarettes. Picture by Jude Keogh](/images/transform/v1/crop/frm/GpZJ7bTi6nvXt5tnNdnKeU/67f37e55-40bc-423b-90c8-ed7960bd7eef.jpeg/r110_22_3713_2256_w1200_h678_fmax.jpg)
At some stage before reaching the 7-Eleven Turner came into possession of the debit card and used it to buy cigarettes.
He then passed the card to his younger associates who also used it to buy items.
The incident was captured on CCTV.
Taser bought on Wish
Turner was charged with possessing a prohibited weapon on November 1, 2023.
About 2am police were travelling west on Summer Street when they saw Turner on a black BMX bike.
He looked back towards police and turned left into McNamara Street and threw what looked like a torch over a gate.
Police stopped him and asked what he had thrown and why.
He said he only threw a cigarette packet and was in the area collecting cigarette "bumpers".
Police went to the area where he threw the item and no other items were in the area aside from what appeared to be a torch.
![Orange Courthouse where a man was sentenced for possessing a taser, using a stolen bank card and cultivating a small cannabis plant. File picture Orange Courthouse where a man was sentenced for possessing a taser, using a stolen bank card and cultivating a small cannabis plant. File picture](/images/transform/v1/crop/frm/GpZJ7bTi6nvXt5tnNdnKeU/637ab1ec-4cc4-4d23-bf05-c395f24faf79.JPG/r0_147_8256_4807_w1200_h678_fmax.jpg)
Police retrieved and examined it.
Meanwhile Turner started taking off his clothes without prompting and placed them on the ground.
Police also noticed he was attempting to make phone calls so they told him they intended to search him and had him hand over his phone.
Police discovered the device he threw was a hand-held defence device designed to administer an electric shock like a taser that was disguised as a torch.
Despite police being in possession of his jacket, phone, bike and weapon Turner fled the scene. Because police had his possessions and knew his identity they did not chase him.
Arrangements were made for him to attend Orange Police Station and he handed himself in at 3.35pm that day.
He admitted to being in possession of the weapon and claimed it was for self defence.
He said he purchased the "self defence taser" from Wish for $23 a week before the incident. He said he was unaware the item was illegal to carry.
Hydro set up discovered
Turner was also charged with cultivating a small cannabis plant that police found in his home on December 29, 2023.
Police attended his home about 2.20pm for an unrelated triple zero call concerning another person.
While at the address police saw a small green bin that had numerous small holes cut into the front and back as well as a large hole cut into the left side with a metal fan attached using occy straps.
The fan was blowing air through the bin which also had a UV light emitting from within it.
Police suspected it was a makeshift hydroponic set up and inspected it find a UV light and a pot containing a small cannabis plant that was no more than 10 centimetres high.
Police cautioned the Turner who said he was looking after the plant for a mate and he knew it was highly illegal. The bin and contents were seized.
Court appearance
Turner had an injured arm when he appeared in Orange Local Court to be sentenced on Wednesday, June 5.
Solicitor Isabella Strapp said he had pins in his arm for a shattered bone that were about to break through his skin so he was going to hospital after the court appearance.
She asked the court to give her client a lengthy community correction order with supervision, "notwithstanding Mr Turner was on a lengthy CCO".
Mr Strapp also confirmed the weapon was purchased online.
She also backed up Turner's statement to police that the bin and cannabis plant did not belong to him although he did allow it in his home.
Sentencing
Magistrate David Day revoked the previous CCO Turner breached with the offences.
That CCO was for the use of the stolen debit card to buy cigarettes.
Mr Day gave him a new 12-month supervised CCO that will require him to participate in rehabilitation and treatment programs.
He also order Turner to repay $30.49 to 7-Eleven at Molong Road.
When it came to possession of the taser-like device Mr Day warned Turner that "we live in an unarmed society" and people need a licence for a reason.
"What you had was less powerful than a cattle prod but could inflict harm," Mr Day said.
Mr Day also gave Turner a 12-month community correction order for possession of the taser and for cultivating a prohibited plant.