Friday 26 April 2013

OAP Had Loaded Antique Double-Barrelled Pistol In Garden Shed



A pensioner, who kept a loaded 135 year-old double-barrelled pistol in his garden shed, dodged the tough new minimum sentencing rules and escaped prison with a suspended sentence. 

Retired John Bertrum Barnes, 80, (pictured) of Sunningdale Road, Sutton was facing a five-year minimum after the police raid on his suburban home and found the WW1 “trophy”.

He pleaded guilty at Croydon Crown Court to possessing a firearm, without a certificate, namely a 9mm Belgian Flobert Calibre Rimfire tuckaway shot pistol on June 2, last year.

A family dispute brought officers to the defendant's home and after learning of the gun a specialist sniffer-dog found the location of the firearm, which Barnes had refused to divulge.

His lawyer told the court: “The most significant thing for Mr. Barnes is the loss of his good character.

“The fact of his arrest and coming to court and losing his good character has been an enormous event in his life, a matter of extreme significance.

“So many people come to court and don't give a fig about their character, but you will see the effect of his arrest and coming to court has had on his marriage.

“It has been a rollercoaster and traumatic between Mr. and Mrs. Barnes. She is here today and is understandably anxious.

“Happily the question of divorce has passed, but it demonstrates the extraordinary turbulence that has effected Mr. Barnes and his family.”

Judge Stephen Waller, who must sentence such offenders to a minimum of five years imprisonment, except in “exceptional circumstances” told Barnes: “You were found in possession of a firearm and thirty-six rounds of ammunition.

“You did not tell the police where the gun was and police made a search with a firearms dog and it was in an outhouse at the bottom of your garden and loaded with two cartridges.”

The gun is not recognised as a powerful firearm and is best suited to vermin control.

“You told police it was a world war one trophy handed down by your grandfather.

“You also told the police you bought ammunition for it in Frances five years ago to test it and shot at a jam jar.

“You are an intelligent man and you should not have bought ammunition for it and having successfully test-fired it you should not have kept the ammunition.

“You should have sought legal advice. Firearm legislation in the UK is very strict for good reason.”

Barnes was sentenced to six months imprisonment, suspended for twelve months, and ordered to pay £550 costs.

The gun and ammunition were forfeited

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