AN ex-Central Districts and state footballer has walked free after being sentenced for his role in an incident at Davoren Park in 2018.
Ricky Lee Nisbet faced sentencing in the Adelaide District Court earlier this month after pleading guilty to being in the company of a person who had possession of a firearm (while Nisbet was subject to a Firearms Prohibition Order) and for being present at a premises on which there was ammunition while he was the subject of a Firearms Prohibition Order.
The 31-year-old was sentenced to one and a half years in prison, but walked free due to his sentence being backdated to September 13, 2018 – the date of the incident and his arrest.
He had been remanded in custody
The court heard police were conducting surveillance via helicopter when they observed Nisbet drive himself and his co-accused, a Mr Lamb, to a Lawson Avenue home.
He parked outside the house before Lamb got out of the vehicle holding a baton and threatened a person standing in the front yard.
The pair then fled the property on foot, where police located Nisbet outside another address and Lamb in the backyard of another nearby home.
A search of a neighbouring backyard uncovered a “bumbag” containing a loaded Ruger Security Six revolver, two single rounds of .357 ammunition and an extendable baton.
DNA found on both the gun and the ammunition showed a statistical weighting in favour of Nisbet being in contact with both items was greater than 100 billion.
Nisbet was however not charged and sentenced on the basis that he was in possession of either the firearm or ammunition.
Judge Jane Schammer said Nisbet had a “lengthy criminal record” which began when he was 16-years-old.
“You are currently 31 years of age and at the time of the offending were 29. You grew up in the Smithfield area and excelled as a footballer, representing both Central Districts and the state,” she said.
“At the time of this offending you were spending days awake and sleeping very little, with your life seemingly spiralling out of control.
“Being in custody has helped you take back some control of your life, for probably the first time as an adult, to come clean and to carefully consider your future and that of your children.”
Nisbet was subject to a Firearms Prohibition Order at the time of the incident which was issued on January 2014.
Following the sentencing hearing, Nisbet walked from court a free man after Judge Schammer found his time already served to be adequate.
“Turning to penalty, while you were not in possession of either the firearm or the ammunition, you knew that Lamb had these in his possession and you must have known, from what he was carrying with him, that the attendance at Lawson Avenue was likely to involve, at the very least, a show of force with the potential, therefore, for the situation to get out of hand,” Judge Schammer said.
“I accept that you now have insight into the impact of your offending and that your children and in particular, your son for whom you intend to take on the role of full-time guardian, are motivating you to make positive goals for the future.
“I accept that you are presently committed to making positive changes in your life upon your release.”