Woah, is this for real?

[jzmtl]

I know UK is getting pretty close to big brother and all, but is this real? It's down right unbelievable.

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
Saturday, November 14, 2009, 12:15

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."

[american lockpicker]

Nothing will happen when it goes to court.

[jzmtl]

Dude, he's already convicted, by a jury of his own peers, under 20 minutes! All that's left is sentencing, which is 5 years minimum.

[american lockpicker]

I'm speechless.

[Gadget Guy]

And I thought it was bad here.      All hail the USSUKR!! 

[Mr. Whippy]

I can't believe this is real. Anyone from the UK: can you confirm this? 

[nuphoria]

Sadly, I think this is true according to local news sources.

It is of course utterly ridiculous that he was prosecuted for it as it's not in the public interest to do so, and I can only hope that he appeals his sentence and common sense prevails for a better outcome.

However, it's common knowledge here that you cannot carry a firearm even in such circumstances so he's an idiot for doing so. I'd especially expect a soldier to know the law regarding this! The smart thing would have been to call the cops immediately and then kept an eye on it until they turned up.

[Spoonrobot]

Here's an interesting twist. It's been put out there that this is some sort of payback for embarrassing the local PD.

[jzmtl]

Here's an interesting twist. It's been put out there that this is some sort of payback for embarrassing the local PD.

From the comments people don't sound they are on the PD's side, who's full of it in the article, with his take time off and depressed and all that.

But if that's the reason, the PD just embarrassed themselves and the whole country in front of the whole world.

[Freudian Frog]

However, it's common knowledge here that you cannot carry a firearm even in such circumstances so he's an idiot for doing so. I'd especially expect a soldier to know the law regarding this! The smart thing would have been to call the cops immediately and then kept an eye on it until they turned up.

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.

Am I to understand he didn't check what was inside of it until he was already under possession of it? If so...

[rp252]

smurf to this rubbish.  Its exactly why I don't want to move back to the UK.

[Dunc]

The trouble with this one is it leaves it open for everyone to carry a gun and when questioned they can say " I just found it Officer and was on my way to the police station to hand it in "
   

Dunc

[Mike, Lord of the Spammers!]

It'll probably go to appeal, but Chrissy's right in that he should have left it, and called the copper's to him

[GraysonK]

I understand that he thought he was doing "his duty" or his "job" but if he called someone at the police station (I think that's what  he did) then why didn't he just say "Hey, I found a shotgun in a trashcan in my yard, do you want me to bring it in or will you send someone out here to pick it up?".  I'm not a cop, but I would think that he would know not to touch it, heck not even breathe near it for fear of it being tied to him.  Now, if he did all that and they still tried to arrest him it would be a different story.  Or, if the cops said, "sure bring it on down here and we'll take care of it for you" and then they arrested him, well that would just be really really really bad on the part of the cops. 

I'm sure there is a huge part of this that isn't getting told but when I was reading it I just kept thinking..."why did he touch it and why didn't he just tell them over the phone what he found."  Nuph is right, he's an idiot for taking it out in public. 

[Gareth]

Gang,

Please don't believe EVERYTHING you read.  There is more to this case than meets the eye....its just that if the press reported all of the facts it would not be as sensational, would not sell more papers and most people would think that his arrest was entirely proportionate.

I can say no more......

Can I change that to "please don't believe ANYTHING you read" especially if it come from a British newspaper.   If the editor had been in a different mood the headline would have been something like;

CRAZY EX-SQUADDIE WANDERS STREETS WITH LOADED SHOTGUN!

They genuinely don't care what the story is, just so long as you buy the paper.

[Flash]

Very well put Gaz

[John]

Maybe he had something more sinister tied in with that shotgun 

[John]

Mind you now people will think twice to even report seeing a gun in future,sometimes the laws backfire 

[jzmtl]

Yeah morale of the story is just keep it at home for situations like Ben's, since you are screwed either way, might as well put it to use. 

[Benner]

Yeah morale of the story is just keep it at home for situations like Ben's, since you are screwed either way, might as well put it to use. 

 

[DaveK]

As soon as I read that, my first thought was. Yeah, right - of course that's what happened.

We don't live in a police state, and I firmly believe that we live in the most democratic and free environment in the civilised world, here in the UK. We invented the concept in fact. I've lived abroad and couldn't wait to get back.

[Gareth]

As soon as I read that, my first thought was. Yeah, right - of course that's what happened.

We don't live in a police state, and I firmly believe that we live in the most democratic and free environment in the civilised world, here in the UK. We invented the concept in fact. I've lived abroad and couldn't wait to get back.

Well said Dave.

[John]

As soon as I read that, my first thought was. Yeah, right - of course that's what happened.

We don't live in a police state, and I firmly believe that we live in the most democratic and free environment in the civilised world, here in the UK. We invented the concept in fact. I've lived abroad and couldn't wait to get back.

Well how about a big brother state then?   candid camera   

[Nikos]

As soon as I read that, my first thought was. Yeah, right - of course that's what happened.

We don't live in a police state, and I firmly believe that we live in the most democratic and free environment in the civilised world, here in the UK. We invented the concept in fact. I've lived abroad and couldn't wait to get back.

Uhemmm...

[sardauker]

As soon as I read that, my first thought was. Yeah, right - of course that's what happened.

We don't live in a police state, and I firmly believe that we live in the most democratic and free environment in the civilised world, here in the UK. We invented the concept in fact. I've lived abroad and couldn't wait to get back.

Uhemmm...

LOL

[DaveK]

OK, the concept we invented lasted

[Mr. Whippy]

As soon as I read that, my first thought was. Yeah, right - of course that's what happened.

We don't live in a police state, and I firmly believe that we live in the most democratic and free environment in the civilised world, here in the UK. We invented the concept in fact. I've lived abroad and couldn't wait to get back.

You think?

I'd argue that the US, Canada, Australia or even Switzerland are more free and equally democratic.  Y'all have a lot of leftovers from the monarchy.  Land access, right to weapons, freedom from government intrusion into your life.  (And the Swiss have been Monarch free for a VERY long time...)

[John]

As soon as I read that, my first thought was. Yeah, right - of course that's what happened.

We don't live in a police state, and I firmly believe that we live in the most democratic and free environment in the civilised world, here in the UK. We invented the concept in fact. I've lived abroad and couldn't wait to get back.

You think?

I'd argue that the US, Canada, Australia or even Switzerland are more free and equally democratic.  Y'all have a lot of leftovers from the monarchy.  Land access, right to weapons, freedom from government intrusion into your life.  (And the Swiss have been Monarch free for a VERY long time...)

 I agree we are the un-free, rights are eroded on at least a yearly basis,I feel oppressed   

[ducktapehero]

I don't think any of us are TRULY "free". Some may be more free compared to others but it's like saying that one prison is nicer than another.

[John]

but it's like saying that one prison is nicer than another.

Some are   here you get no conjugal visits