Tamworth businessman sentenced on weapons charges but slapped with new charges

A well-known Tamworth businessman has been sentenced on a list of weapons and domestic violence offences but has been thrown a curveball with new charges laid in court. Benjamin Edward Burrage appeared by video link from custody in Tamworth Local Court before Judge Julie Soars with two Legal Aid solicitors representing him. Burrage, a prominent Tamworth businessman and athlete, remains behind bars after losing his latest bid for bail this month and now faces 20 charges, the court heard. The court was told the 46-year-old faces an additional three historical domestic violence-related charges, namely two counts of assault occasioning actual bodily harm (ABH) and one of stalking or intimidation. These are on top of 12 weapons charges, stemming from incidents in April and May; and five domestic violence-related charges, related to alleged incidents between January and April. According to documents before the court, police allege the fresh charges relate to alleged incidents that took place between 2013 and 2020, and involved a different complainant from the existing DV matter before the court. Police prosecutor Sergeant Kareena Gill handed up court documents related to the historical charges, as Burrage's solicitor Ethan Quail told Judge Soars his client was ready to enter pleas of not guilty in this matter. Sergeant Gill said the prosecution had a "strong" case. "We anticipate three hours will be needed for the hearing," Mr Quail said, as he also made an application for release on the fresh matter. Reading from the court documents, Judge Soars noted the complainant in the historical charges was "fearful of retaliation". "These allegations are strongly denied," Mr Quail said. "[My client] has no fresh [DV] events before the court, and I would not describe the prosecution's case as strong ... and it is not a foregone conclusion [Burrage] will be found guilty on this matter. "If granted bail, he will comply with strict conditions." Sergeant Gill said the prosecution would be seeking expert medical material to prosecute the historical charges. Noting the age of the offending, and that Burrage had a limited record "at the moment", Judge Soars listed the historical DV charges for hearing in November. Returning to Burrage's existing matter, solicitor Benjamin Nash told the court his client had spent three months and 17 days in custody so far. "He's prepared for today, so we would like to get the sequences he's pleaded on to sentence today, Your Honour," Mr Nash said. "He's ready to go." Speaking to the existing five DV charges before the court, Sergeant Gill said domestic violence was a significant problem in the community, and noted the incident happened in the victim's home, and a child was present. Mr Nash provided the court with three references for his client, and said Burrage was willing to undertake community service and enrol in behaviour programs. "There were also mitigating factors ... as there was some provocation by the victim," Mr Nash said. "[My client] does not have a significant [domestic violence] record, and good rehabilitation prospects as noted in a sentencing background report." Judge Soars noted Burrage appeared to have a "pattern of offending behaviour", but the charge of common assault was the most serious. "[The victim] sustained multiple strikes and she took herself to hospital," the judge said. Judge Soars acknowledged the existing DV charges had been Burrage's first before the court "in some time". Burrage pleaded guilty to the existing charges of common assault, stalking or intimidation, and destroying or damaging property. Judge Soars sentenced him to a 14-month Intensive Correction Order (ICO) for the common assault and stalking; and a 12-month Community Correction Order (CCO) for destroying or damaging property. A fourth charge of assault ABH, which he has denied, was listed for hearing in October. Judge Soars also convicted Burrage of an Apprehended Violence Order breach, and sentenced him to a six-month CCO. Turning to Burrage's bail application, Judge Soars noted he was now defending two DV matters in the court involving different complainants. "One of these matters could not proceed today through no fault of his own," Judge Soars said. "The prosecution holds fears for the complainant and her partner if [Burrage] is released." But the proposed bail conditions weren't enough to sway the court. "I am concerned with [Burrage] interfering with witnesses, and residual risk [for the existing DV matter], and am refusing the bail application due to these concerns," Judge Soars said. "You will have to wait for your first hearing date in October." Mr Nash oversaw the finalisation of Burrage's weapons charges after he pleaded guilty to the offences which stemmed from April. As a result, on the charge of possessing an unauthorised prohibited firearm, Judge Soars sentenced Burrage to an aggregate term of 14-month's imprisonment to be served as an ICO, and three counts of possessing or using a prohibited weapon without a permit were taken into account on sentencing. Burrage was also convicted without further penalty on the charge of not keeping a firearm safely. On the second weapons matter stemming from May, Burrage six counts of possessing or using a prohibited weapon and one count of using a prohibited weapon in contravention of a Weapons Prohibition Order (WPO). Judge Soars convicted Burrage on all charges and sentenced him to a 12-month CCO with a condition he not possess any firearm or prohibited weapons.