Zero Tolerance in the World -- British Edition

This Is True ^ | 21 November 2009 | Randy Cassingham

[Fractal Trader]

Paul Clarke, 27, a former soldier, was on the balcony of his home in Merstham, Surrey, England, when he noticed a bag in his garden that didn't belong to him.

"I took it indoors and inside found a shorn-off shotgun and two cartridges," he said, so he took his find to the police to turn it in -- "I thought it was my duty to hand it in and get it off the streets," he said.

As soon as he handed the gun to authorities he was arrested for "possessing a firearm." Worse, the jury for the Guildford Crown Court found Clarke guilty, and by law he must serve a minimum of five years in prison. Prosecutor Brian Stalk said Clarke's "alleged" honesty was irrelevant, and Judge Christopher Critchlow agreed, saying "The intention of anybody possessing a firearm is irrelevant." (Surrey Mirror) ...And now we know British jurisprudence is, too.

[grey_whiskers]

Enjoy your new Muslim overlords, Limey Poofters.

Cheers!

[Sherman Logan]

by law he must serve a minimum of five years in prison.

An ideal case for executive clemency. Maybe somebody should email the Queen?

[DB]

Insanity.

[ansel12]

He is drawing some attention from celebrities.

“Since the story broke it has caused outrage across the world – and whipped up a frenzy of online debate and support.

Mr Clarke, who spent two years serving in the armoured military in Donchester, said: “It’s been mad. I feel like a celebrity. I just want to thank everyone for all their support.”

Over the weekend, Mr Clarke’s court case was one of the most commented stories on social networking site ‘Twitter’ – getting more mention than ‘Jedward’ the controversial X-Factor contestants.

His case caught the attention of several celebrities, including comedians David Mitchell and Simon Pegg, star of ‘Shaun of the Dead’ and ‘How to Lose Friends and Alienate People’.

And, Graham Lineham, creator of the hit TV sit-com Father Ted ‘tweeted’ in response to other comments on the story.

He wrote: “There’ll be enough interest in Paul Clarke now [to] at least shed a little light on [the] situation. Wait for that before pitchforks/petitions”.

Bloggers across the world have fiercely debated the ‘strict liability’ aspect of the law on which Mr Clarke was convicted – where the intention of anybody possessing a firearm is irrelevant.

A facebook group entitled ‘Ex-soldier Paul Clarke should not go to jail for handing in a gun’, has almost 700 members and his solicitor, Mr Lionel Blackman, has been interviewed on Radio 4 about the case.

Angry readers have also set up online petitions to send to 10 Downing Street, and have been writing to Crispin Blunt MP.

ThisisSurreytoday has also received comments from across the globe.

Mr Clarke said: “The support has just been overwhelming. I’ve had strangers coming up to me in the street telling me they support me.”

But despite the public support, Mr Clarke is convinced he’s going to prison.

He said: “The judge has to do his job, and his job is to rule on a conviction.”

[agere_contra]

You’re the one with the Muslim Overlord, Yankee arsewipe. Try to deal with it, ok?

[american_ranger]

But I got guns.
You gonna fight back with a butter knife?

[american_ranger]

And besides that I spell ass without an r.

And this evening I shot a spike deer.

Stick that in your warm beer, limey poofter.

[naturalman1975]

Too early for that - the article is in error. While there is a five year 'mandatory sentence' for this, under British law, a Judge has discretion to ignore that in exceptional cases. The Judge in this case made it clear during the trial that he regarded this as an exceptional case. So at the moment we need to wait and see what, if any, sentence is imposed. That's due on the 11th December, I think.

The relevant part of the law is this.

The court shall impose an appropriate custodial sentence (or order for detention) for a term of at least the required minimum term (with or without a fine) unless the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.

For a detailed analysis of the case by a British lawyer, click here.

[Kozak]

[familyop]

"You’re the one with the Muslim Overlord, Yankee arsewipe. Try to deal with it, ok?"

Our figureheads chosen by worldly, favored constituents have less power than seems apparent to chattering classes in countries outside of the USA. Observe, as the machine of empire slows and weakens more each year for lack of revenues and esteem.

[Scotsman will be Free]

If this story is true then english justice has turned a corner from which it will be difficult to recover. Talk about catch 22.

[Scotsman will be Free]

LOL! Good point, limey, but at least we have the means to deal with it. What are you going to do, hit them with your plastic pint glasses or stab them with your blunt nosed knives?

[ding_dong_daddy_from_dumas]

Outrageously unjust imprisonment for firearms in the USA too:

Link: On August 28, 2009, our firm filed a Petition for Certiorari with the U.S. Supreme Court, on behalf of Army Reservist David Olofson, urging the Court to grant Certiorari to review the Seventh Circuit decision affirming Olofson's conviction. The Petition was docketed on August 31, 2009. Amicus briefs are due by September 30, 2009.
Olofson was sentenced to prison for 30 months for transferring a "machine gun" — which really was a lawful-to-own, semi-automatic AR-15 rifle which occasionally manifested a "hammer-follow" malfunction, resulting in short bursts followed by jamming.
The prosecutor tried the case on the theory that a firearm's malfunction is no defense, and any weapon which fires more than one round with a single pull of the trigger is a "machinegun," under the National Firearms Act “no matter what the cause.”

[ding_dong_daddy_from_dumas]

Oops, bad link -

Link: On August 28, 2009, our firm filed a Petition for Certiorari with the U.S. Supreme Court, on behalf of Army Reservist David Olofson, urging the Court to grant Certiorari to review the Seventh Circuit decision affirming Olofson's conviction. The Petition was docketed on August 31, 2009. Amicus briefs are due by September 30, 2009.
Olofson was sentenced to prison for 30 months for transferring a "machine gun" — which really was a lawful-to-own, semi-automatic AR-15 rifle which occasionally manifested a "hammer-follow" malfunction, resulting in short bursts followed by jamming.
The prosecutor tried the case on the theory that a firearm's malfunction is no defense, and any weapon which fires more than one round with a single pull of the trigger is a "machinegun," under the National Firearms Act “no matter what the cause.”

[Sherman Logan]

Thanks for your reply. I hope sanity prevails. Should have done so at the prosecutor level, or whatever it is called. in UK.

[grey_whiskers]

Nice riposte.

But you might want to recall that *we're* the ones with a working 2nd amendment.

Cheers!

[danielmryan]

An ideal case for executive clemency. Maybe somebody should email the Queen?

The U.K. system has a grander name for what you're talking about: the royal prerogative of mercy.

(Sounds like free verse, doesn't it?)

[Sherman Logan]

Sure does. The Brits have generally had a better way with words than Yanks.

Lincoln and a few others excepted.