JohnRich 4 #1 November 13, 2009 News:Ex-soldier faces jail for handing in gun A former soldier who handed a discarded shotgun in to police faces at least five years imprisonment for "doing his duty". Paul Clarke, 27, was found guilty of possessing a firearm after finding the gun and handing it personally to police officers. The jury took 20 minutes to make its conviction, and Mr Clarke now faces a minimum of five year's imprisonment for handing in the weapon. In a statement read out in court, Mr Clarke said: "I didn't think for one moment I would be arrested. I thought it was my duty to hand it in and get it off the streets." The court heard how Mr Clarke was on the balcony of his home when he spotted a black bin liner at the bottom of his garden. In his statement, he said: "I took it indoors and inside found a shorn-off shotgun and two cartridges. I didn't know what to do, so the next morning I rang the Chief Superintendent, Adrian Harper, and asked if I could pop in and see him. At the police station, I took the gun out of the bag and placed it on the table so it was pointing towards the wall." Mr Clarke was then arrested immediately for possession of a firearm and taken to the cells. Prosecuting, Brian Stalk, explained to the jury that possession of a firearm was a "strict liability" charge – therefore Mr Clarke's allegedly honest intent was irrelevant. Just by having the gun in his possession he was guilty of the charge, and has no defence in law against it.Source: http://www.thisissurreytoday.co.uk/news/Ex-soldier-faces-jail-handing-gun/article-1509082-detail/article.html Quote Share this post Link to post Share on other sites
Andrewwhyte 1 #2 November 13, 2009 Ignoring the "strict liability" aspect of the law, the five year minimum doesn't sound right. Minimum sentences tend to be an American thing. Are there any UK barristers out there? Quote Share this post Link to post Share on other sites
vortexring 0 #3 November 13, 2009 Why didn't he just tell the police the fact there's a shotgun in his garden rather than arrange to 'pop' down and see the super? Or at least tell him why he's popping down? He's certainly guilty of ignorance but I'd expect him to receive nothing more than a reprimand of sorts. Anything more - if we take the story to be the truth - would be ridiculous. Perhaps there's more to his story though? Without evidence, what's to be gained by jailtime? Nuts. 'for it's Tommy this, an' Tommy that, an' "chuck 'im out, the brute!" But it's "saviour of 'is country" when the guns begin to shoot.' Quote Share this post Link to post Share on other sites
