http://www.thisissurreytoday.co.uk/news/Ex-soldier-faces-jail-handing-gun/article-1509082-detail/article.html
Ex-soldier faces jail for handing in gun
Friday, November 13, 2009, 13:45
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 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 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.
Defending, Lionel Blackman told the jury Mr Clarke's garden backs onto a public green field, and his garden wall is significantly lower than his neighbours.
He also showed jurors a leaflet printed by Surrey Police explaining to citizens what they can do at a police station, which included "reporting found firearms".
Quizzing officer Garnett, who arrested Mr Clarke, he asked: "Are you aware of any notice issued by Surrey Police, or any publicity given to, telling citizens that if they find a firearm the only thing they should do is not touch it, report it by telephone, and not take it into a police station?"
To which, Mr Garnett replied: "No, I don't believe so."
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.
But despite this, Mr Blackman urged members of the jury to consider how they would respond if they found a gun.
He said: "This is a very small case with a very big principle.
"You could be walking to a railway station on the way to work and find a firearm in a bin in the park.
"Is it unreasonable to take it to the police station?"
Paul Clarke will be sentenced on December 11.
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."
7 comments:
1689 English bill of rights, his right to bear arms?
A bill for all time, not just as long as politicians allow.
Meanwhile black gangs go around armed and untouched.
I think that I would've personally kept the thing. You never know when firearms come in handy in times of political turmoil.
OT.
Lee, if you have the time could you explain the clause in the "religious hatred" and "homosexual hatred" bills that give some respect to "free speech".
http://news.bbc.co.uk/1/hi/uk_politics/8356093.stm
Keep up the great work mate.
Unusual you may believe.
Again , they make you all believe of the "isolated" incident !!
I used to sell a lot of 4 x 4 vehicles that are purchased from Auction and quite often there are live munitions rounds left in these vehicles from farmers shooting game etc
About 6 months ago, I had a Police officer at my House after I reported an incident of youths being a nuisance.
Whilst he was at my Property , I gave him the ammunition I had been reluctant to throw away for the fear of it getting into children's hand's or "the wrong hands", he looked at me and said why are you giving this to me with a distrusting tone, I said because I believe you are the best person to dispose of it safely Officer.
I then a few months later reported 3 terrorists who since have now been apprehended thanks to local BNP members and the 999 call handler out of the blue said "have you sir got fire arms at your property"
I said why are you asking such a ridiculous question, she said "just a routine question". Bollox!!
Since then, I have had regular visits above my property by Police Helecopters, plane clothed Police Officers video recording me and my phones are bugged.
I have with the help of Gwent BNP members had 3 groups of Terrorists detained and major Terrorist plots thwarted ,(including the liquid bomb plot), I have had Class A drug dealers taken off the streets, so that no more money from these people can feed Terrorists to kill our finest, I also pay my Taxes and am no drain to the state whatsoever.
I am now persecuted by the Police and the Councils on a daily basis.
I am obviously fucking mad..
So there you have it, being a good Citizen doesn't pay !!
All of us must now stop being Patriotic, stop being good Citizens, because the more we try and stop the inevitable , the more we are persecuted for it and the more life and air we are giving to the scum that now have a tight grip on our Country.
We must NOW turn our cheek until the inevitable collapse of our Society, without us being good Citezens it will happen much sooner.
The Gallows will be full and hopefully I will get the top Job ;o)
The true crime was that this was a case of the "twelve proverbial boobs too stupid to get off of jury duty." All too often it seems that juries are nothing but mindless sheep that automatically believe that what the government calls a crime is and should be a crime (whether there is a law against it or not). I believe, maybe wistfully, that fifty years ago, any jury in Britain or the US would have told the prosecutor where to go by acquitting this man in under five minutes. Perhaps those days are forever gone never to return.
PS For some reason I am unable to use OpenID to post this comment
Maybe a couple of weeks should be spent frequenting the Police Blogs and letting them know what our political masters are really up to, Decent cops who know should remain in their post lest they be replaced by not so decent police men/women, at least till we can turn things around.
Crime in the UK
Post a Comment