Ex-soldier faces jail for handing in gun
Friday, November 13, 2009, 13:45

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."

http://www.thisissurreytoday.co.uk/news/Ex...ticle.html FL2 TD4 XS Santorini

next time he will just leave it there for the local kids to find


In the same way if someone throws something illegal into my field, It becomes my property and I can either get prosecuted for owning it and/or have to pay for it to be legally disposed of. upto now its only old furniture and tyres etc but what will get dumped next? At work
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Maybe Mr. Clarke should have disabled it with a sledge hammer first, then by handing it in in an unusable condition, maybe would have another outcome in the Old Bills shop Still the law is the law, stupid as it may seem sometimes, but without it where would we be  2007 Freelander 2 HSE TD4 Manual with Premium Pack & Moonroof.
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[quote="chicken george"] next time he will just leave it there for the local kids to find


In the same way if someone throws something illegal into my field, It becomes my property and I can either get prosecuted for owning it and/or have to pay for it to be legally disposed of. upto now its only old furniture and tyres etc but what will get dumped next?[/quote]

A bag full of sawn off shot guns!!!

shilen wrote:

A bag full of sawn off shot guns!!!

Courtesy of the Caravan Club 

Its OK, the local metal detector club frequently patrol my land ( for a small cash fee ) they would find the guns, hand them in and get arrested on my behalf . At work
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winner by default of the tractor vs caravan race

The sensible move would have been to call the police and tell them to come and collect it immediately, making sure it is not interfered with in the interim.

Perhaps being a soldier gave him a familiarity and level of comfort with weapons which an untrained person is not likely to possess. This led him to go a step further than what would generally be considered reasonable. However, the law should be able to take all of this into account. He certainly acted to secure the weapon in the quickest possible manner, though probably destroyed or contaminated potential forensic evidence.

agreed, carrying it to the station was not the best idea. It seems he kept it overnight aswell, but I still dont think he should be prosecuted , awarded instead At work
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winner by default of the tractor vs caravan race

It just goes to show what sort of Dick Heads we have running this country

Anyone with common sense would have praised his actions.

The judge involved with this case should be sacked from his post immediately without receiving his huge pension as he is obviously out of touch with reality. As for the police involved in this case, they should be dealt with in the same manner. After all, it's our taxes that pay their over inflated salaries and pensions.  ______________________
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+1 on what Dave said  Former Mod/Member, with the most post & Chicken George Arch nemesis

Dave wrote:

After all, it's our taxes that pay their over inflated salaries and pensions.

whats tax????  At work
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"I can't always believe facts I read on the web" - Charles Dickens

winner by default of the tractor vs caravan race

Ok, pithy comments abound. Where are the protests? Seriously, googled all over and lots of sighs of despair and general mutters of discontent but no attempt to raise the masses against this insane judgement. Current driveway contents:
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On Order: 2023 Fisker Ocean Ultra - deposit paid.

Small steps. Just written to my MP about this, just the start. The issue of "absolute offence" in UK law is bordering on stalinist. Current driveway contents:
2021 V60 Cross Country B5
2009 FL2 dog bus and shooting wagon

On Order: 2023 Fisker Ocean Ultra - deposit paid.

when he found it he should have phoned the police immediately, not taken it into his house overnight then taken it to the police station himself ?? ........................he has left himself open for this to happen.

Right. Well done. Join the queue of sheep on the left please  Current driveway contents:
2021 V60 Cross Country B5
2009 FL2 dog bus and shooting wagon

On Order: 2023 Fisker Ocean Ultra - deposit paid.