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SAS Sgt. has gun possession conviction quashed

 
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cybershooters
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Joined: 17 Jun 2006
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PostPosted: Wed Mar 13, 2013 6:58 pm    Post subject: SAS Sgt. has gun possession conviction quashed Reply with quote

Article.

Hmm... but what is his defence at retrial?

It's one thing to be given a gift and keep it as a curiosity but with 338 rounds of ammunition? Not exactly a wall hanger.
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Rob



Joined: 29 Jul 2006
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Location: Cheshire

PostPosted: Thu Mar 14, 2013 6:13 pm    Post subject: Reply with quote

His defence is he did not pack the Glock and never knew he had it in the UK. AS to the ammo, not sure.
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cybershooters
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PostPosted: Thu Mar 14, 2013 6:29 pm    Post subject: Reply with quote

As I recall if you're convicted of anything even mildly serious and you're in the SAS then you're not in the SAS any longer. He doesn't claim he wasn't given it, just that he forgot it was in his bag?
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Rob



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PostPosted: Fri Mar 15, 2013 6:07 pm    Post subject: Reply with quote

He claims he didn't know the Glock had been packed with his kit, and didn't know it was still packed with his kit when it was discovered. He didn't pack his kit as he had been sent on to the UK to attend a funeral. I do feel he has a very good case with regards to the Glock, possibly less so for the ammunition also found in his quarters.
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JonathanL
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PostPosted: Fri Mar 15, 2013 7:09 pm    Post subject: Reply with quote

He claims that he knew that he had it in Afghanistan and intended to give it to the head of the Afghan police unit he was training before he left. He had to come back to the UK for a funeral and couldn't go back - I think due to illness or something. His mates packed everything up and sent it all back to him and he never got round to unpacking everything. He didn't know he had it in his possession, basically. It seems perfectly reasonable to me.

J.
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cybershooters
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PostPosted: Fri Jul 05, 2013 3:36 pm    Post subject: Reply with quote

Rob wrote:
He claims he didn't know the Glock had been packed with his kit, and didn't know it was still packed with his kit when it was discovered. He didn't pack his kit as he had been sent on to the UK to attend a funeral.


That doesn't appear to be his explanation: http://www.bbc.co.uk/news/uk-england-23195542 Although who knows what the BBC have missed out.
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Carrot Cruncher



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PostPosted: Tue Jul 09, 2013 5:38 pm    Post subject: Reply with quote

I don't see that he can be found not guilty. The offence is one of strict liability.

His only chance of avoiding conviction would have been NIPITP, or a successful application to have the prosecution stopped as an abuse of process (if there were grounds.)

If toleration is appropriate then it should be shown at sentencing.
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cybershooters
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PostPosted: Thu Jul 11, 2013 5:32 pm    Post subject: Reply with quote

He has been convicted.
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Carrot Cruncher



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PostPosted: Sat Jul 13, 2013 3:43 pm    Post subject: Reply with quote

cybershooters wrote:
He has been convicted.


Inevitably.

Sentencing will be interesting. I haven't been following the case closely, but I think he will get a custodial.
I would not be surprised if the board say that they find "exceptional circumstances" in order to avoid the "mandatory" 5-stretch. Maybe even a suspended sentence . . . .

You would have thought that the board could not possibly award more than the 12 month suspended which is what he got after appeal the first time round, but then again they are bound to react negatively to the change in tack of the defence which really weakens the effect of any claim to mitigating circumstances.
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