In England, Preventing Crime is a Crime

By Ian Thorpe
America’s Right

When an ex soldier in Britain found a gun in his garden, he thought he was doing the right thing by taking it to the police station. Instead of being thanked, however, he was arrested and charged with illegal possession of a firearm.

Britain’s already draconian gun controls were tightened up considerably after the Dunblane school massacre about a decade ago. Possession of a handgun is now a strict liability in law issue: if somebody is found in possession of a gun, they are guilty regardless of circumstances. Such a clause achieves nothing but to show the law is badly drafted (as is common in the UK, where politically correct thinking usually overrules common sense).

Read the details of this case in which the former soldier, who found a gun dumped in his garden, acted responsibly and contacted his local police station. The newspaper report extract below, from ThisIsSurreyToday, goes a bit beyond “fair use,” but I don’t think they will mind [and if they do, please let me know and we'll cut it down. -- Jeff]:

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.”

Certainly a tough break for a man trying to be public spirited, but I am surprised the Judge did not add insult to injury by saying, “Ignorance of the law is no excuse.”

Consider the implications here. The court seems to be suggesting that Mr. Clarke should have left the gun where it was. Not only would it have been grossly irresponsibe to leave the gun in the bag once he knew it was there, had he done so he would still be technically “in possession” so long as the gun was on his property.

The police, obsessed with targets and statistics, saw this as a “crime detetcted and solved” opportunity. In the past twelve years the Labour government has created many such offences, they serve to mask the bureaucratic overload which has left only 2.5 percent of our police force available to patrol the streets and investigate serious crimes. Should you come across any reports of how successful the government have been in reducing crime rates for recorded crimes, bear in mind this was mostly achieved by two simple expedients: Police no longer record many less serious crimes if there is little chance of catching the perpetrators, and crimes committed by the under 16s are no longer counted.

Needless to say, no matter how many responsible citizens are convicted under the stupid law that put Paul Clarke in the dock, the bad guys never seem to have a problem getting hold of whatever weapons they want. Only law-abiding citizens, it seems, abide by the law.

I remember somebody saying to me a long time ago that, in the future, the police would be red hot on speeding, parking, littering and other minor misdemeanours at the expense of pursuing serious criminals. People who commit those minor offences are not likely to have guns, knives or baseball bats with nails through the end.

At the expense of common sense, it seems the prediction is coming true.

—————
Ian Thorpe is a British satirical writer. Before retiring at a rather tender age following a serious illness, he was a consultant specializing in integrated digital networks. His projects involved him in utilities, banking and finance, oil and chemicals and many branches of commerce and government. He currently maintains his own Web presence at Greenteeth Multi Media, and has been contributing at America’s Right since March 2009.

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Comments

  1. CHEERIO says:

    This explains it all, America is of British descent.

  2. Indigo Red says:

    Apparently, Mr Clarke's best choice would have been to toss the gun over the fence to his neighbor's yard and be done with it.

  3. Anonymous says:

    It's official, mankind is stupid.

  4. Gail B says:

    Perhaps the police chief thought it would have been better to let a child find it? Oh, the child's curiosity, since there are no guns with a parent to explain its danger!

    When my first husband worked for a major TV station and was in Atlanta covering the legislature, I was left alone with two children. I bought a gun. My older son, then 12, simply said to me, "Mom, give me the gun before you shoot yourself in the foot with it!" Stunned by his words, I handed him the gun.

    "This is how you load it. This is the safety. (Etc.)"

    I asked where he learned so much about GUNS! He said that he was a Junior Deputy; a sheriff's deputy had come to the school TO TEACH THE CHILDREN about gun safety!

    Why can't the police chief in Britain have that much sense?

  5. Anonymous says:

    Mr. Clarke was indeed an ex soldier. He was also someone who was well known by the Guildford police dept. In the past he had been convicted of attacking a DVLA inspector with a broom handle. There was also an incident with a cattle prod and various other offenses when he was under age. He was also involved in a lawsuit against the police. To me its apparent that Mr. Clarke had some issues with the Guilford police.. He called the chief before he went to the station and told the police chief that he had something for him. Mr Clarke claims that when he pulled the LOADED sawed off shotgun out of the bag "that it was not pointed at the wall not at the police chief". No wonder it only took the jury 20 minutes to convict him.

    Chuck

  6. SMARTER THAN BOBBIES says:

    Redneck Bank Loan

    Never underestimate A Texas Redneck cowboy.

    A Redneck from Sweetwater, Texas walked into a bank in New York City and asked for the loan offi cer. He told the loan officer that he was going to Paris on an international redneck festival for two weeks and needed to borrow $5,000 and that he was not a depositor of the bank.

    The bank officer told him that the bank would need some form of security for the loan, so the Redneck handed over the keys to a new Ferrari. The car was parked on the street in front of t he bank.

    The Redneck produced the title and everything checked out. The loan officer agreed to hold the car as collateral for the loan and apologized for having to charge 12% interest.

    Later, the bank's president and its officers all enjoyed a good laugh at the Redneck from the south for using a $250,000 Ferrari as collateral for a $5,000 loan. An employee of the bank then drove the Ferrari into the bank's private underground garage and parked it.

    Two weeks later, the Redneck returned, re paid the $5,000 and the interest of $23.07. The loan officer said, 'Sir, we ar e very happy to have had your business, and this transaction has worked out very nicely, but we are a little puzzled.

    While you were away, we checked you out on Dunn & Bradstreet and found that you are a highly sophisticate d investor and multimillionaire with real estate and financial interests all over the world. Your investments include a large number of wind turbines around Sweetwater, Texas.

    What puzzles us is, why would you bother to borrow $5,000?’ The good 'ole Texas boy replied, 'Where else in New York City can I park my car for two weeks for only $23.07 and expect it to be there when I return?

    His name was BUBBA…

  7. Anonymous says:

    Off topic;

    Ross Perot warned us !

  8. Anonymous says:

    Isn't it ironic that "common sense" is the least common thing on the planet ?

  9. Anonymous says:

    Clarke was railroaded… the English have been neutered.
    And, Dunn and Bradstreet are swimdling no-good, self serving, puke skallywags. They run a racket and no self respecting businessman should have anything to do with them. I learned my lesson, never again.
    Amoung other things they SELL the information you give them and this enables parasites from other industries to prey on you. Swine, no-good loafers making a living on your money.

  10. Anonymous says:

    Last year there was a news story from the UK where a farmer was tired of having his house broken in to. So he put up a barbed wire fence. He was ordered by the government to take it down as it could injure someone.

    ass backwards seems to be the term.

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