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Don't help the police
Rod Ends - 15/11/09 at 12:18 AM

Ex-soldier faces jail for handing in gun

quote:
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."


mistergrumpy - 15/11/09 at 01:05 AM

There's always two sides to every story so to play devils advocate:

quote:

"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


That is he didn't know what to do so he waited a full day before he rang the police? I think a reasonable person would have realised that that would have been the thing to do immediately and left it alone.
The next morning he rang the Chief Superintendant? How many people get to speak to the Chief Superintendant when they ring the police and why did he ask if he could "pop" in to see him instead of explaining what he had found and asking for advice as would seem reasonable.
My guess is that as an ex soldier and I am an ex forces armourer too, he is probably more relaxed around firearms than most and in his wisdom, naively thought that he would be a suitable custodian for the weapon.
The moral of the story. DO help police as you pay their wages at the end of the day and there is no alternative to them. Just apply a little common sense in situations like these.

[Edited on 15/11/09 by mistergrumpy]


liam.mccaffrey - 15/11/09 at 02:26 AM

If the super was indeed "expecting" him and the first thing he does is take a shotgun out of a bin liner he can't be surprised that he was arrested at the time.

In all likely hood the gun has been used in a crime and he held on to it for a whole day?!?!? I'd have rung the police on the spot. As I did when I found taped up bags full of white powder hidden in my garden. I didn't even touch them, rang the police immediately.

I'm not saying he had ill intentions and he certainly doesn't deserve prison but could've gone about it better


RK - 15/11/09 at 02:41 AM

My mother was 60 at the time, shortly after my dad died, and called the police to ask if the firearms amnesty was still on. "yes". OK, what do I do with two rifles? "Bring them down to the station". She does and is "this close" to being arrested for illegally transporting firearms.

So had she said nothing, the guns would have stayed in the basement rafters where they had harmlessly been for the previous 40 years. We were always told not to touch them and we didn't!

Cops are great until you start thinking they are like normal, reasonable people, and then you are always disappointed. They do nothing to encourage people to let them know when things aren't right around the neighbourhood. I mean, even lawyers are needed once in a while...


flak monkey - 15/11/09 at 08:46 AM

I have nothing against the police, but that is plainly rediculous. The guy tried to do something genuine in getting a gun off the street and gets locked up for possession.

The law is an ass

There was a guy locally who got the same punishment a while back. He emigrated to australia and put all his possessions in a lock up, sometime back in the 1980s. He returned and cleared out his lock up to find his old handgun. He took it to the police station to hand it in and was immediately detained then locked up for 5 years for being honest.

There is no deterrant for criminals who use guns, banning hand guns did only one thing, and thats increase the number of illegally owned weapons.


Ninehigh - 15/11/09 at 11:14 AM

If I was the Superintendant I'd have been in brown trousers mode when some guy asks to see me and then pulls out a shotgun!

If I found something like that in my garden it would very carefully be placed at the bottom of the wheelie bin tbh..


Dangle_kt - 15/11/09 at 04:06 PM

I wonder if he was was trying to freak the super indendant out In some odd the forces are better than police type way, and it all got a bit out of hand. Why go in the office with it?

Still no need for the reaction! I mean 5 years in a prison, that is recockulous! Waste of a prison space IMO.


JoelP - 15/11/09 at 04:35 PM

a foolish thing for him to do really. Disturbing a crime scene at least. Did he think the police would thank him for disturbing it? Had he called them there would be officers on scene within minutes, so he could have just watched it til they arrived.

Everyone knows its 5 years mandatory for firearms...


eznfrank - 15/11/09 at 09:01 PM

Completely Ridicularse!!

I understand that according to the letter of the law then he has commited an offence, and that he was a bit slack waiting for a day and also a bit daft in actually touching the gun and potentially messing up evidence but for a succesful prosecution it would usually have to be in the publics interest to pursue a case and I just can't see how this is.

I just hope the judge uses every scrap of mitigation available to reduce any sentence he is forced to hand down.


Confused but excited. - 17/11/09 at 01:26 PM

So much for being a 'concered citizen'. The law is the law but a judge is there to see that some justice is involved....my arse!
The stupid thing about taking the letter of the law, is that if he had left it where it was and telephoned the police, he would have been just as guilty. It's on his property, therefore deemed to be 'in his possession.'
Welcome to the police state.
What next? Butlin's taken over by the goverment for use as goolags.


Rod Ends - 18/11/09 at 02:52 PM

more details


mistergrumpy - 18/11/09 at 04:09 PM

Ah! A biased website obviously trying to muddy the waters by drawing on unrelated issues. Hardly reliable and not really worth me clicking the mouse to read it.


MikeRJ - 18/11/09 at 06:41 PM

quote:
Originally posted by mistergrumpy
Ah! A biased website obviously trying to muddy the waters by drawing on unrelated issues.


A wilful misconduct charge doesn't exactly inspire confidence in the actions of this officer...


mistergrumpy - 18/11/09 at 06:48 PM

And? It wouldn't have been this officer that arrested the man due to his rank and it certainly wasn't him that found him guilty. It was the courts.


flak monkey - 18/11/09 at 07:33 PM

quote:
Originally posted by mistergrumpy
And? It wouldn't have been this officer that arrested the man due to his rank and it certainly wasn't him that found him guilty. It was the courts.


But if the police hadnt charged him, it would never have gone to court.


MikeR - 18/11/09 at 07:41 PM

If the CPS didn't think there was a case they could win it wouldn't go to court.


Confused but excited. - 19/11/09 at 12:26 PM

The police officers involved want f..king, those responsible at the CPS want f..king and the judge wants hanging from the nearest lamp post.
The Judge is supposed to be there to interpret the law and to ensure that justice is served. As stated previuosly...My Arse!
If 'The Law is the Law' how come all those people that got caught fiddling a few quid whilst on benefits got prosecuted but MPs stealing thousands didn't?


mistergrumpy - 19/11/09 at 03:49 PM

quote:

If the CPS didn't think there was a case they could win it wouldn't go to court


Exactly. In which case there is obviously another side to the story that the filthy press are not revealing.

(Still playing devils advocate by the way, I don't think he should have been charged but DO think there is another side to the story)

I think these comments are a bit narrow minded though:

quote:

The police officers involved want f..king

- man walks into police station with gun. They've no idea he allegedly spoke to a superintendant or whatever. Arrest him on suspicion and hear his tale in interview. If all's legit then off he goes a few hours later.

quote:

those responsible at the CPS want f..king

- Believe me if there wasn't a VERY strong case (the other side of the story that you're not seeing) then they wouldn't prosecute. It's not easy to get them to prosecute you know. They want everything on a plate and tied up.

quote:

the judge wants hanging from the nearest lamp post

- Harsh but I get your point.


Rod Ends - 19/11/09 at 07:37 PM

quote:
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."
No wonder the CPS were keen to prosecute!


scootz - 19/11/09 at 07:46 PM

Hang him!

... twice!


Ninehigh - 19/11/09 at 08:10 PM

quote:
Originally posted by scootz
Hang him!

... twice!


By each testicle?


JoelP - 19/11/09 at 09:02 PM

the link posted by rodends on page two says that the copper allowed him to walk into the station and a criminal charge, which contradicts the initial story which said that no one knew he had a gun until he walked in with it.


paul the 6th - 19/11/09 at 09:21 PM

crap for the ex-soldier but does the news report seem a bit odd to anyone else? I mean, if I found a shotgun in my garden, I wouldn't have a clue where to find my local chief super's number let alone be able to get an appointment with him? Also, I don't think I'd be tempted to take it to the station in person - I'd tell them to come get it! What are the chances that it could be a piece of evidence with prints/DNA etc?

Having seen this story and other users' tales of near misses with the law, I think I'll do the sensible thing in future and wang any guns off a big bridge into a deep river!


JoelP - 19/11/09 at 09:49 PM

quote:
Originally posted by paul the 6th
Having seen this story and other users' tales of near misses with the law, I think I'll do the sensible thing in future and wang any guns off a big bridge into a deep river!


Now that would be daft what if you got stopped en route or it got found and linked to you somehow, you could get stuck with any crimes it was used for!

You dont have to get arrested:

http://news.bbc.co.uk/1/hi/scotland/glasgow_and_west/8364924.stm


scootz - 19/11/09 at 09:51 PM

quote:
Originally posted by Ninehigh
quote:
Originally posted by scootz
Hang him!

... twice!


By each testicle?


Hadn't thought of that... but yes, proceed so!


Mark Allanson - 27/11/09 at 09:58 PM

Everyone keeps confusing law and justice, law is inevitably linked with power and money, justice only ever happens in fairy tales.


mistergrumpy - 19/12/09 at 12:00 PM

Another side of the story coming out here

To narrow it down and hopefully not too much out of context:

quote:

Clarke had told the court he did not call the police when he found the item



quote:

he stored it in a wooden chest at his home and arranged to meet a police officer he know personally



quote:

he was arrested during the meeting after he produced the bin liner containing the gun from his trousers



quote:

The court was told Clarke had previously been convicted of handling stolen goods in 2001, of possessing a stun-gun in 2002 and of affray in 2008.


So previous handling of a firearm too.