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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