Danny Nightingale Guilty Of Possession Of A Firearm

[Peter Pedant]

Verdict just in....

Guilty.

[This time round]
He changed his defence for his retrial -
and I have to say I thought it was obvious he was lying....

[Uriah Heep]

I thought the original verdict was harsh and unfair. However, after being better informed I don't think he had a leg to stand on - guilty! Shame for his wife though.

[mikey4444]

Well I wasn't in the court and the jury was, so I guess we must accept the verdict for what it was. However, I hope that the judge is not overly harsh on him.

[rockyracoon]

Is this the army chap that was in prison a while back?

[mikey4444]

It would appear to be rocky....http://www.bbc.co.uk/news/uk-england-23255890

[jake-the-peg]

There is a madatory 5 years for this offence unless the offence is 'exceptional'

The bar for it being exceptional is high!

One man took a gun to commit suicide and changed his mind and stored it in a 'reasonably secure place' - not exceptional - 5 years

a 24 year old mother of good character failed to notify the police on finding a firearm - not exceptional - 5 years

Gail Cochrane, aged 53, pleaded guilty to possessing an 80-year old Browning self-loading pistol. She had kept the gun at her home for 29 years following the death of her father (who had been in the Royal Navy). She thought it was just his war trophy. There was no ammunition for it. - not exceptional - 5 years

http://thejusticegap.com/2012/08/minimum-sentences-minimum-justice/


I cannot see that this case is any more deserving than any of the above but I suspect that because he is a soldier he'll get a more lenient sentence.

It really is a case of one law for us and one law for the military!

[FredPuli43]

The army's main idea is to get a soldier they don't want out of the army. The sentence is secondary, and served in that opposite of normal prison, Colchester glasshouse. Therefore, apparent leniency in sentence is common.

[Gromit]

Not really surprised. I read the transcript of the original court martial and it was clear that that was the right result.

His defence seemed to be that everything he said at the last hearing, including his confession was made up. But he couldn't remember anything about how he got the gun.

[Orderlimit]

Was Mr Nightingale charged / tried for the civilian equivalent law of possession of firearms?.

[THECORBYLOON]

The minimum sentence is five years unless there are exceptional circumstances and in the original trial he was sentenced to eighteen months' custody because it was decided there were exceptional circumstances. What confuses me is the fact that the sentence had also been reduced because Nightingale had pled guilty but on the CPS site it says no reduction should be made because of a guilty plea. Now they are arguing which sentence should be imposed, the original eighteen months, the suspended one given after one of the previous appeals or a different one completely.

[Gromit]

This was not a civilian court, it was an army court martial.

Anyone know if the charges and possible sentencing are the same?

[Gromit]

Also, you may not know, his room mate was charged with similar offences before him, and got a lengthy sentence.

[FredPuli43]

Military law has a catch-all provision whereby any crime contrary to English law is a crime against military law, so this man was dealt with by a military court for offences contrary to our civilian law.

Never helpful when a man recorded on video and on tape gives one version in interview and a completely different one at the trial or different ones in two trials. It does happen surprisingly often on retrials. It's as though the defendant thinks "Well that almost worked last time. Let's try plan B this time" It helps a bit if he tells his counsel beforehand !

Sentence? Well, as I said, the army wants him out of the army.That's the main aim. They will find special reasons if they can, as a concession for his being thrown out, just to make his life a little easier.

[Orderlimit]

Good question, Mr Gromit. A custodial sentence in a military prison must be hell compared to even our 'dispersal prison' system, so maybe 18 months military custodial is the same as a 5 year sentence in 'civvi street'. Anyone know?.

[THECORBYLOON]

In the transcript of the court martial in November 2012 it makes reference to Parliament's laying down a minimum sentence of five years for the firearm unless there are exceptional circumstances and it also says that had he not pled guilty, the likely sentence would have been more than three and a half years in custody.

[Hopkirk]

Not just a weapon, but also 338 rounds of ammunition.

If it was a memento to show his grandchildren, why all the ammo?

[Gromit]

There were also what were described as pyrotechnic items in his room. Experts differed on which piece of law they broke, so those were not on the charge sheet.