"The intention of anybody possessing a firearm is irrelevant."

This story from last week was so astonishing that I expected it to receive wide media coverage but it didn't so here I go...

"A former soldier who handed a discarded shotgun in to police faces at least five years imprisonment for "doing his duty".

Paul Clarke, 27, was found guilty of 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." 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.""

So it seems that a man who handed a gun, that he had found in his garden, into the police gets charged, convicted and sentenced to five years in prison for "possessing a firearm". Does nobody think that this might be a little over the top? I wonder how the judge summed up the case, can one find out? Was the jury directed to a guilty verdict via an explanation of "strict liability"?
I wonder if this is the same Paul Clarke and what light, if any, does that report shed on this case.


A contributor on Old Holborn found a news story that went a somewhat different way:

"A man who found a loaded gun linked to a gangland shooting was told by Scotland Yard to carry it across south London to a police station.

John Leary came across the weapon in a playground where it had been abandoned days after the crime. But the Met refused his request for a plain-clothes officer to collect it from his home.

Today the force admitted major failings over the matter.

Disabled Mr Leary, 51, found the weapon inside a plastic bag near his home on the Hemans estate in Stockwell. Speaking for the first time since the find, he said: "I was going to hang the bag on the railings until I felt its weight. When I looked inside there was a big revolver, a passport and some cash. It had a long barrel and I could see the chambers were loaded. There was no question of leaving it where kids play."

Immediately after finding the revolver he was confronted by gang members who tried to get him to hand it over. But he refused and called police.

Officers suggested they send a patrol car to his house, but he refused for fear of reprisals from the gang members who had seen him carry the bag away. "I told them it was more than my life was worth," said Mr Leary.

Police then advised him to go to his local station, in Larkhall Park, Wandsworth Road, but it was closed. He had to travel 2.5 miles into Clapham to Lavender Hill police station, where an officer agreed to receive the weapon. Mr Leary was taken into the Met's witness protection programme after the gang continued to target him, offering him £3,000 for the gun. They later subjected him to death threats and intimidation, forcing him to flee to his son's home."

So what would you do if you found a gun in your garden?