Bomb maker plans term appeal

The lawyer representing a Bunbury man jailed for 30 months for making a volatile explosive will mount an appeal against the length of his sentence.

Ben Mcdonald Roberts, 34, has instructed his lawyer Derek Hunter to seek an appeal to the WA Court of Appeal.

“The grounds of the appeal will be the sentence was too severe taking into account the circumstances of the offence and Mr Roberts’ personal circumstances, ” Mr Hunter said.

“It is for the appeals court to determine if that is the case.”

However, Mr Hunter will have to get leave to appeal in a hearing before three Justices of the appeals court.

Mr Hunter said that in sentencing, Judge Allan Fenbury, accepted that Roberts made the explosives as “thrillseeking” behaviour.

He also reiterated that Roberts did not know the substance was volatile or what it was called.

The Director of Public Prosecutions also has not ruled out making an appeal against the length of the sentence.

A spokeswoman said the DPP has made no decision to appeal the case.

She said they considered all cases for appeal and they had 21 days to lodge it with the court.

A public bomb scare was sparked after a couple fishing in the Leschenault Estuary found a TATP package in November.

Roberts was later arrested and it was revealed he made the explosives at his home with a recipe he found on the internet and from chemicals which could easily be bought.

Police found another explosive package left in the estuary, which had to be detonated in the water because it was unsafe to move.

In sentencing, Judge Fenbury admitted it was difficult to sentence Roberts, but a message had to be sent for the greater good of the community.

However, Judge Fenbury accepted references which depicted Roberts as a man well liked and respected in the community.

He also noted Roberts was unlikely to reoffend in any way.

The explosive is also known as acetone peroxide and was used in the 2005 London bombings.