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Only in a Britain reeking of institutional mistrust, collective punishment and state-sponsored authoritarianism could this happen.
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 at Guildford Crown Court on Tuesday – after finding the gun and handing it personally to police officers on March 20 this year.
The court heard how Mr Clarke was on the balcony of his home in Nailsworth Crescent, Merstham, 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 at Reigate police station, 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, he added.
Judge Christopher Critchlow said: “This is an unusual case, but in law there is no dispute that Mr Clarke has no defence to this charge.
“The intention of anybody possessing a firearm is irrelevant.”
Five. Fecking. Years. And a permanently ruined life. For doing the right thing.
Still think if you do nothing wrong you have nothing to fear?
The judge will/should go by the spirit of the law, and not the letter of the law
@pd wrote:
The judge will/should go by the spirit of the law, and not the letter of the law
He’s been arrested and convicted PD, means his DNA will be kept for life, he wont ever pass a CRB check, he has to declare his conviction under the rehabilitation of offenders act for the next 10 years. he wont be able to holiday abroad in the USA and other countries because of Visa restrictions. He wont be able to get a security related job, certain premises will bar him from entry if he’s a tradesman.
Trust me on this he’s been royally fecked by the system.
Sorry, but my default setting is cynicism which causes me to wonder if all is as it seems in this ‘story’.
He saw the black bag in the garden, inspected it and discovered that it contained a shotgun & ammunition. Did he immediately call the Police??? No. He took in inside his home and only the next morning (so he says) did he take it to the Police station in person.
Why demand a meeting with the local Chief Superintendent anyway? Surely, if his sole intent was to ‘hand it in’, he could have done so at the counter in the reception area. Producing a sawn off shotgun in a Police Chief Superintendent’s office (for effect???) seems like he was trying to make a point – and a potentially dangerous one at that.
Interesting isn’t it that the Media article doesn’t report the conversation in the Chief Super’s office – but then that might spoil the story eh?
Why take it out and talk about pointing it at “the wall”.
Stupid….. if you take a gun into a police station in a bag, and take it out as soon as you are in there, no matter the innocence, its just plain dumb. He should have just said, here is the bag you asked me to bring in and just handed the bag over and walked out!
It would appear from the facts that it wasn’t in the public interest for the CPS to prosecute, but that’s only based on the facts reported in the article. I saw a different piece headlined “Ex-soldier waves gun around in police station”, which certainly has a different slant to that of the Guardian’s.
There must be a back history, maybe even beyond that of his previous court appearance for assault. In a statement read to the court (but not it seems tested in cross-examination), he claims he found the shotgun in his garden and further that by taking the shotgun to the police station he was simply performing his civic duty.
But I would say that it was NOT his civic duty to carry a shotgun and ammunition through the streets of a Surrey town. What if he had been mugged ?
If most of us had found a shotgun and ammunition in our gardens, with a strong likelihood of previous criminal use, surely the last thing we would do is take it inside, play around with it and keep it overnight ?
The prosecution and minimum punishment with regards to the liability issue may be a joke, but not the actual law itself which seems sound to me.
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so why did he feel the need to hand it in?
He was doing his civic duty. Or being a meddling busybody. And the waving it around bit sounds more likely, they wouldn’t have arrested him for just handing in a bag with a gun in it! And, for all we know, the sawn off shotgun was his in the first place.
the world is full of numpties and nutters
pah
I’d have just kicked it in to next door’s garden… then phoned a Police Community Support Officer.
i wouldnt have looked in a black bag that i hadnt put there in the first place……how skanky! tsk :lol:
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