Five years in prison for handing in a discarded shotgun

**cactikid** · 3 April, 2011, 11:15

what a load of crap,the poor lad working with weapons and gets arrested for doing a good deed,i and many others would not have known that ,hope he gets off and judge says what a time waster

**Bulld0g** · 3 April, 2011, 11:20

Disgracefull. Another waste of taxpayers money taking this to the crown.

**thered** · 3 April, 2011, 11:23

Originally posted by super jumbe

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."
- Comments on this story have been disabled for legal reasons

if the version of events is true it is ludicrous

but why did he make an appointment with the superintendent when he phoned why didnt he just say he found a gun

surely you would mention it when you phone the police station?

**shellbob** · 3 April, 2011, 12:33

The main point is he handed it in and if the police dont suspect him of criminal involvement its a disgrace.

**bonus2010** · 3 April, 2011, 13:01

I think member thered has made a seriously good point here.....

I think the police have every right to be suspicious, when a member of the public walks into the station with a gun, claiming it was found....

The key concern is:- When he phoned the police, he did not report that he had found a gun...
(a day later......)

Now, if the guy has just been stupid, then of course that needs to be looked into... If there isn't any suspect of criminal involvement... then that should be the end of the matter. Just because you've found a gun, handed it in.. not followed 'correct' procedure... It should't mean 5 years....save that for the real crims.

I ask everyone... if you found a gun, would you ask for an appintment to speak to the Chief Superintendent or would you just say in your phone call... you've found a gun, in your back garden?

I would like to think that the police, over the phone would give you the correct advice... which should be to leave the item undisturbed including any forensic evidence that may exist. And.. they should send an officer to you door.

I remember hearing a similar story, where a person had found a bag of cash. The person handing in the found cash was charged for theft. The advice given by police then, was that if you find anything, just to leave it undisturbed.

With the risk of all these problems... being arrested etc..... I understand why many think "why bother helping the police"

.

**super jumbe** · 3 April, 2011, 14:23

Off the topic but it?s the diabolical law, we live in a world of law and order which is not applicable by the peoples but to the law makers, I know some years ago the police in UK are calling on people to surrender their knives in a month-long amnesty and in Europe the gun owners since a revised law obliged owners to declare guns or give them up in a specific time that means that you can not just walk in a police station with a gun and say I found it in my back yard, he only had to phone the police to declare that I can see a gun in my back garden will you come and take it away.

**nara** · 3 April, 2011, 15:19

The story is a couple of years old. He got a suspended sentence.

Gun find soldier walks free from court

**gregk** · 3 April, 2011, 15:51

I would have tought that being ex army he did not think anything of picking up the fire arm and handing it in. But on another hand police or lawers will argue that he should have know better [I prosume] having had fire arms training and should have informed police about it as soon as he faund the fire arm. They might just try to make an example of him. But i do hope he gets off. I only just noticed Nara's post above.

**C64** · 3 April, 2011, 16:00

Originally posted by nara

The story is a couple of years old. He got a suspended sentence.

Gun find soldier walks free from court

PMSL.

People really should check the dates on articles they post.

**Meat-Head** · 3 April, 2011, 17:15

SUMMARY:-

FIND anykind of weapon in the street or your garden - sell to local criminal - donate
money to DK

FIND and money in the street, upload to DK

**super jumbe** · 3 April, 2011, 17:44

Meat-Head I will absolutely agree with you, I was working in Nuneaton in 1969 during my lunch hour I used to go to a public park for my lunch in summer, on this day during my walk to park I found an envelope containing ?1000.00 and in 1969 ?1000.00 pounds was lots of money, you could buy 10 terrace houses, to cut the storey short I handed the money to the garage owner and after few days police came to my house and started asking diabolical questions for some thing I was trying to be honest and trustworthy the way I was brought up, I do realise in order to keep away from trouble I will live the money rote in the street or donate to DK.

**johnboy1974** · 3 April, 2011, 19:20

the worlds gone mad.

**melloned** · 5 April, 2011, 00:16

got an old air rifle in my wardrobe , what do i do with it ? , don't want to spend my remaining years in clink !

**chroma** · 5 April, 2011, 01:01

Originally posted by melloned

got an old air rifle in my wardrobe , what do i do with it ? , don't want to spend my remaining years in clink !

Don't do anything with it. hell don't even make eye contact!
Ive got the same problem with one in the loft, i dont go into my loft any more just out of the same fear and avoidance employed when i find people choking to death on the street.

First aid be damned even looking at a woman turning blue and choking to death will get your ass sued!