A Horsley father has been jailed for having a pistol that he used in self defence when he fired at two men who tried to break into his home.
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Derek Scott Ferguson pleaded guilty to acquiring a prohibited pistol while subject to a firearms prohibition order, using an unregistered firearm, and possessing ammunition without a licence.
In Wollongong District Court on Friday, Ferguson was sentenced to three years and four months in prison with a non-parole period for two years and one month backdated to his arrest in November 2019.
Last year a jury found Ferguson not guilty of discharging a firearm intending to cause grievous bodily harm and firing a firearm in a manner likely to injure a person in relation to a November 2019 incident in which two men threatened him and tried to force open the front screen door of his home.
Ferguson pulled out a pistol and fire three shots through the screen door before firing another two shots towards the men in the street as they got into a waiting car and drove away.
Ferguson maintained he was acting to defend himself and his family, and only wanted to scare the men off.
Ferguson remained in custody after his acquittal as he pleaded guilty to acquiring the pistol used in the daytime shooting.
In court on Friday, Judge Andrew Haesler found the pistol was loaded, kept in the family home, unregistered and he was unlicensed firearms owner.
"While it was used in self defence, I cannot find it was solely [acquired] for that purpose," he said.
"I don't know how long he had it.
"It is clear he got it from criminals as the serial number had been obliterated."
Judge Haesler said Ferguson was also in breach of his firearms prohibition order.
Ferguson also pleaded not guilty to a charge of dealing with the proceeds of crime after more than $24,000 was found in his home after the shooting incident.
During a hearing last month, the Crown alleged there were reasonable grounds to suspect the three sums of cash found - including $830 in a Louis Vuitton "man bag", $8650 in a suitcase in a vehicle, and $15,000 in a wardrobe - were the proceeds of crime.
The prosecutor alleged this money came from the supply of drugs.
The court also heard that two kilograms of a dietary supplement known as MSM was found in the back of a kitchen cupboard.
While this was not an illegal substance, the prosecutor said it was commonly used as a cutting agent by methamphetamine manufacturers to increase yield.
Defence barrister David Dalton submitted the cash was the remainder of the $60,000 Ferguson had received after selling a Holden Commodore four months earlier.
In making a judgement, Judge Haesler took into account the location where the money was found, that one of the sums was found near a mobile phone that was remotely activated to have its data deleted, the contents of his home and that he had no information to explain his income and expenditure.
"This leads me to only one conclusion, with the exception of $830 [in the man bag], [the cash] had no innocent source," he said.
"I find the cash is the proceeds of crime."
When determining Ferguson's sentence on all charges, Judge Haesler took into account his early guilty plea, that it was his first time in custody, his "absence of an extensive record", family support and ill health.
The court heard Ferguson takes preventive daily medication for a rare stomach cancer.
Judge Haesler also shaved two months off Ferguson's sentence as he provided police with the location of the pistol used in shooting.
Ferguson will be eligible for parole in December this year and will be supervised by Corrective Services for one year and three months.
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