Posted on 11/12/2009 8:13:50 PM PST by greatdefender
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."
UK
We think this is extreme, now. If we are not vigilant our children will think this guy got off easy.
Absolute insanity.
I will never, and it breaks my heart to say it, but I will never ever set a foot in England.
Such absurdity explains why revolution happens.
This paper is the U.K. equivalent to the Onion? Right? There is no way that this is reality...
This is the exact future that Obama and the Democrats have planned for us.
Mr Clarke's own actions made him liable for prosecution in this case - it's not as simple and straightforward as the newspaper articles are making out. By phoning the police for advice as to what he should do with an object he had found, without mentioning that the item he was asking about was a firearm, he helped create this legal mess. If he hadn't phoned them, or if he told them it was a gun he was talking about, he wouldn't be in this situation at the moment. I think the law is still too strict - but it's not as simplistic as this article suggests.
This is a strict liability offence, and the court has no discretion as to whether or not they find him guilty. There are reasons under common law why such things as strict liability offences exist - if they did not, you'd never be able to prosecute most cases of negligence, dangerous driving, speeding, operating unsafe equipment - because the defendent could simply argue that they didn't intend to do anything wrong and escape penalty.
In terms of the claims that Mr Clarke faces a mandatory minimum sentence of five years - there is a mandatory minimum sentence (five years) but the Judge is allowed to vary that in "exceptional circumstances." If he doesn't in this case, I, for one, would be outraged - because that is the point where he does have discretion.
Yet another clear example of the difference between a citizen, and a subject.
"The evidence before the court is incontrovertible, there's no need for the jury to retire
In all my years of Judging I have never heard before,
Of someone more deserving of the fullest penalties of law."
And I've been in courts where I really could imagine the judge uttering those lines.
A sad devolution of a once great nation.
Just when you think you’ve heard the STUPIDEST damn thing on the planet, and that there can’t POSSIBLY be anything STUPIDER being done by the courts and judiciary, somebody comes up with something like this.
I was at NCO Academy with the USAF in England back in 1990. It wasn’t anywhere near as psychotic as it is today. Its political class must’ve all caught Mad Cow Disease.
Kafka.
“Mr Clarke’s own actions made him liable for prosecution in this case”
This appalling nonsense should never have been brought to court, and the UK rightly stands condemned here as an uncivilized country. Boycott the UK in every way! If you believe in those stupid fascist gun laws please go live there.
With respects to my British family, I have to say that this is lunatic and worthy of a police state ...
I suppose a responsible citizen would just walk by if he saw a weapon lying in a playground with children playing in the vicinity. Just get on your cell phone and ring the bobbies. That’s right.
As I will (sadly) never set foot in England again.
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