Ex-soldier faces jail for handing in gun
20 November 2009, 02:32 PM
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Ex-soldier faces jail for handing in gun
Talk about not using common sense, truly shocking
Ex-soldier faces jail for handing in gun
Ex-soldier faces jail for handing in gun
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."
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."
20 November 2009, 02:36 PM
#3
What a load on *********, wtf was he supposed to do,
You would assume he had the skills to check it wasnt loaded before he took it to the police station,
They might be funny if Joe Public started handing them in when they found them incase they were loaded you could say but this is just silly.
You would assume he had the skills to check it wasnt loaded before he took it to the police station,
They might be funny if Joe Public started handing them in when they found them incase they were loaded you could say but this is just silly.
20 November 2009, 02:37 PM
#4
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I would imagine he'll get a suspended sentence (assuming, as moley implies, he's not a gangsta 
)
Stupid law though not being able to defend yourself of you happen across a gun.
) Stupid law though not being able to defend yourself of you happen across a gun.
20 November 2009, 02:52 PM
#9
20 November 2009, 03:48 PM
#10
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my brothers found a Colt 45 behind my parents house years ago in the mid 80's (i was 20 they were 6 & 8)
we called the police -- who came to our house -- by this time the gun was on the sitting room floor
The copper, put some gloves on and picked it up with a pencil CSI stylie -- turned to us all (about 8 of us by now) and said
"has anyone touched this" -- to which we replied "yes all of us had a go at cocking it" - bodie and doyle stylie - obviously
aha the look on his face was priceless -- turned out it was real and had been used for a hold up at the BP petrol station on Shepards Bush Green
I suspect alot more to this than reported -- as always
oh and don't play with guns kids
we called the police -- who came to our house -- by this time the gun was on the sitting room floor
The copper, put some gloves on and picked it up with a pencil CSI stylie -- turned to us all (about 8 of us by now) and said
"has anyone touched this" -- to which we replied "yes all of us had a go at cocking it" - bodie and doyle stylie - obviously
aha the look on his face was priceless -- turned out it was real and had been used for a hold up at the BP petrol station on Shepards Bush Green
I suspect alot more to this than reported -- as always
oh and don't play with guns kids
Last edited by hodgy0_2; 20 November 2009 at 03:53 PM.
20 November 2009, 06:54 PM
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Allegedly he failed to explain to the police why he was making the appoinment to see them, he simply walked into the meeting with the Chief Constable and pulled the gun out. Allegedly there's some history between him and the police. Allegedly if he'd simply phoned the police and told them he'd found a gun at the bottom of the garden he'd have been granted a temporary licence until the police could arrange to recover it themselves. Allegedly this is the tip of the iceberg. Allegedly.
20 November 2009, 07:29 PM
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These cases are never what they appear ... the law may be an *** sometimes, but - a normal citizen, of high standing, handing a gun in, is not going to result in a jail sentence.
I look forward to the details coming out - of course they won't receive the same publicity as something which (on the face of it) looks like the law gone mad.
I look forward to the details coming out - of course they won't receive the same publicity as something which (on the face of it) looks like the law gone mad.
20 November 2009, 07:52 PM
#13
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To be fair the article reads like something from the Daily Mail. Completely ignore the details and make it sound like a misscarriage of justice. It implies that if you find a gun and take it to the police your going to prison irrespective of how you came to have the gun in the first place.
Really? You handed in a gun and got fined for it? I appreciate the need to be strict with gun crime but making the finder of a gun automatically a criminal doesn't seem sensible.
Really? You handed in a gun and got fined for it? I appreciate the need to be strict with gun crime but making the finder of a gun automatically a criminal doesn't seem sensible.
20 November 2009, 08:00 PM
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I hate the Government, I hate the laws they pass, I hate the Courts that enforce them, but most of all....more than anything in the world....I hate the police.
20 November 2009, 08:01 PM
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20 November 2009, 08:19 PM
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peoplewho say they hate the law and the police are always quick enought to call them when they are the victim
20 November 2009, 08:27 PM
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Basically, he found a sawn off shotgun that someone had dumped in his garden so he did the decent thing and took it to the police station to hand it in.
ask jenny his mate she is on twitter
ask jenny his mate she is on twitter
20 November 2009, 08:50 PM
#19
A friend of mine knows him, and apparently he is a nice guy.
Unfortunately he has had a few issues with the police, and they have never been able to make anything stick.
Seems this time they have gone out of their way to get him by the short and curlies
Unfortunately he has had a few issues with the police, and they have never been able to make anything stick.
Seems this time they have gone out of their way to get him by the short and curlies
20 November 2009, 08:58 PM
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Well, inbalanced as I know my view is I speak from personal experience. I'm not simply responding to what I read in papers and on the net. And no, things would have to be seriously bad before I'd in any way involve myself with the police. I don't want a police officer (on duty or not) anywhere near me, my house, or my family. As far as I'm concern 999 is for when you need medical assistance or a fire putting out.
FWIW, and as harsh as it is (and as unjustifiable as it will seem to 99.9% of readers) I'd disown a child if the joined the police force. I'd honestly rather said child said, "dad, got a new job. I deal drugs for a living...check out my new range rover"
FWIW, and as harsh as it is (and as unjustifiable as it will seem to 99.9% of readers) I'd disown a child if the joined the police force. I'd honestly rather said child said, "dad, got a new job. I deal drugs for a living...check out my new range rover"
Last edited by LG John; 20 November 2009 at 09:00 PM.
20 November 2009, 09:08 PM
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It's how they choose to enforce it that's my issue. I have every doubt that if I was born 30+ years earlier then I'd have way more respect for the police than I do. Not these days though, not with what I've seen 
20 November 2009, 09:11 PM
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Why phone and make an appointment to see the Chief Constable and not just hand it in to the front desk? Or even better just call them and get the Police to pick it up.
Seems like he may have been trying to scare the Chief Constable to me
Seems like he may have been trying to scare the Chief Constable to me
20 November 2009, 10:41 PM
#24
Plod turned up at my door with a warrent. Firearms certificate expired and the weapon was still on record as in my posession, i had sold my others but the 4-10 was worthless so it just sat in the cabinet, just never got round to getting rid, doh
Expensive mistake
20 November 2009, 10:56 PM
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Mmmmmmm, not quite Plod turned up at my door with a warrent. Firearms certificate expired and the weapon was still on record as in my posession, i had sold my others but the 4-10 was worthless so it just sat in the cabinet, just never got round to getting rid, doh
Expensive mistake
Plod turned up at my door with a warrent. Firearms certificate expired and the weapon was still on record as in my posession, i had sold my others but the 4-10 was worthless so it just sat in the cabinet, just never got round to getting rid, dohExpensive mistake
21 November 2009, 12:52 AM
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Only reason I asked is because my Dad gave me a stephen grant, which I think his dad gave him and when I dont pay the £40 I only ever get a knock (two or three times this has happened) and a friendly nudge, the gun, in all honestly, probably doesn't fire properly.
I didn't know warrants could be given. Where did you store yours?
I didn't know warrants could be given. Where did you store yours?
21 November 2009, 08:19 AM
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It is kind of the opposite of a bloke in London found a disposed murder weapon and ammunition. A local gang threatened him and he called the police to get it collected.
They offered to send a Panda car to his house which he declined because he feared people would find out where he lived.
The police then told him to take it to any station to hand it in.
As far as I know he wasn't banged up for handing it in!
They offered to send a Panda car to his house which he declined because he feared people would find out where he lived.
The police then told him to take it to any station to hand it in.
As far as I know he wasn't banged up for handing it in!
21 November 2009, 10:27 AM
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I find it hard to believe that the CPS and the coppers would get the bloke convicted for the offence quoted and announce publicly that was effectively his bad luck that someone dumped it in his garden and he deserved to be convicted just for doing his civic duty. What kind of picture of the cops does that present to the public I wonder?
If only to emphasise that we are not yet living in a police state, they should explain the full reasons behind their actions in this case.
Les
If only to emphasise that we are not yet living in a police state, they should explain the full reasons behind their actions in this case.
Les