Suspended Sentence For Psession Of A Firearm And Ammunition

[jake-the-peg]

So Danny Nightingale got off without serving time for posession of a pistol and over 300 rounds of ammunition.

The Judge said he didn't believe his defence, that he had impugned the reputation of another soldier and misled the public.

He also said he wanted to impose a custodial offence but could not

What on Earth went wrong with this case?

[emmie]

no idea, for reason i can't say, i am glad he hasn't gone to prison

[emmie]

http://www.guardian.co.uk/uk-news/2013/jul/25/danny-nightingale-sentenced

[sandyRoe]

Public opinion was carefully manipulated. If the learned judge wanted a custodial sentence why didn't he hand one down?

[jd_1984]

I dont know the facts of the case, so sorry if this sounds daft.

Possesion of an illegal firearm is what it is, no exceptions.

What was his defence? Did it become political?

[emmie]

that is what i was wondering

[douglas9401]

Nothing is wrong with this case, some people just don't like the verdict.
It happens all the time.

[jake-the-peg]

That's kind of the question Sandy

Apparently he felf 'constrained' by the court of appeal decision.

However I don't quite see how that works - if the Court of appeal sent it to a lower court that's a bit topsy turvey!

[emmie]

jd, if you read my link it gives a full description of the matter

[jake-the-peg]

No problem with the verdict Douglas

It's the sentence I have a problem with!

[jd_1984]

Thanks emmie, this story has seemingly passed me by. Will read with interest.....

[emmie]

why

[emmie]

JTP, that was for you, do you think he should go to jail

[jno]

the judge said his hands were tied by an earlier appeal court ruling (presumably on another case)

[jno]

emmie, the judge thought he should go to jail, for the reasons jake mentioned.

[emmie]

as been pointed out, the judge could have, so why didn't he.

[jake-the-peg]

I certainly do emmie

Ther is a 5 year minimum sentence for such cases and although there is provision for 'exceptional cases' you only have to look at some past case law to see how stringent that definition of exceptional is.

One man took a gun to commit suicide and changed his mind and stored it in a 'reasonably secure place' - not exceptional - 5 years

a 24 year old mother of good character failed to notify the police on finding a firearm - not exceptional - 5 years

Gail Cochrane, aged 53, pleaded guilty to possessing an 80-year old Browning self-loading pistol. She had kept the gun at her home for 29 years following the death of her father (who had been in the Royal Navy). She thought it was just his war trophy. There was no ammunition for it. - not exceptional - 5 years

http://thejusticegap.com/2012/08/minimum-sentences-minimum-justice/


This was not just some souvenir the man had 300 rounds of ammunition!

What the heck was that for ?!?


This man got off a jail sentence simply because he was a soldier

[EDDIE51]

From reading the link it was because the previous case was mishandled in some way and the custodial sentence reduced. The judge said he had no other choice due to this.

[youngmafbog]

Are you angry with the sentence because of the crime or because he was military (given your hatred of the military)?

[ludwig]

I agree, it does seem wrong. I can't help thinking you wouldn't give a t0ss if it wasn't a soldier though jake. If it's anyone other than soldiers or Tories, you're usually arguing for leniency in sentencing.

[emmie]

i almost said that myself, but refrained. ^^