Please sign SAS man jailed
- Thread starter mickyfinn
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Hw60sniper
Well-Known Member
Signed,,,unbelievable it comes to this when theyll not even send terrorists back home incase they dont get a fair trial.
enfieldspares
Well-Known Member
Not so in fact. If you PLEAD GUILTY you forfeit any right of appeal against the verdict, I understand, as you have, by pleading guilty, accepted that the evidence preseneted against you was proper and correct evidence and that you were indeed wholly and totally guilty of that offence a it was presented to the Court.
Now there may be grounds for appeal against the sentence. But you cannot appeal against a guilty vedict if you yourself were the one that plead guilty! You can only appeal against a guilty verdict in limited circumstance and only, in those circumstances, if you in fact plead NOT GUILTY.
Bandit Country
Well-Known Member
Police have primacy in enforcing civil law throughout the UK, except in very tightly prescribed circumstances. That primacy extends to military locations. It's interesting that West Mercia decided not to pursue any charges while the military chain of command did so. My experience is that soldiers charged and found guilty through the military justice system tend to suffer a far harsher punishment than a civilian in similar circumstances would. As for any 'five year mandatory sentence for illegal possession' that really is a fallacy. Since the legislation was put in place very few people found guilty of the offence have got the full 5years.
barneyrubble
Member
signed
NorthDorset
Well-Known Member
I have really wrestled with this one. The Glock should have been manifested in Theatre for shipment. Hell it should have been deativated by the company armourer there. If he left theatre before his kit then it should have been sanitised by his unit. Stuff wrankles here!
I trust our judicial process but I still can't find it in myself to condemn this man. We can only hope that the appeal is successful in having the sentence commuted. Either way he probably will not serve again if he is unfit due to his memory.
I have signed the petition.
I trust our judicial process but I still can't find it in myself to condemn this man. We can only hope that the appeal is successful in having the sentence commuted. Either way he probably will not serve again if he is unfit due to his memory.
I have signed the petition.
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enfieldspares
Well-Known Member
Hmm re the above. My ex-army friends say that the fact that he is in Colchester suggests that he WILL be retained by the army after he serves his sentence, whereas those that the army doesn't want to keep get slung out, pretty quickly, to a "civvie" prison. FWIW. Case in point was Private Clegg. Look it up on Wikipedia.
NorthDorset
Well-Known Member
Yes but Lee Cleggs multiple convictions (for shooting at Joyriders speeding through a checkpoint) were overturned. As such there was no basis for a Dishonourable Discharge. There was never any suggestion that he is unfit for duty.
If they release Nightingale he can expect to be RTU'd as he might forget something on mission. Once back at his unit for that I wonder what he will do in an army facing cutbacks?
Afro hunter
Well-Known Member
Release the guy he has done enough for the kingdom
Tamus
Well-Known Member
It strikes me that a review of this case would now be in order, to establish just exactly why the sentence was a skimpy 18months and not at least five years plus dishonourable discharge.
The ex forces types and there chums on here might like to think that ex-servicemen should be allowed to be in the UK with illegally held handguns and ammo, but I don't... I suspect I'm in the majority on this one too.
FFS Tamus your such a stickler for the rules, and by god you've let it be known on this forum that you love to quote Law, and how simple it is to understand, arn't we all retarded. Are you in any way a legal profesional?
Under the circumstances leading to the entry of the fire-arm and ammunition to the UK, and Sgt Nightingales service, a larger degree of leniency should have been shown. The members of the SF take great risks to support thier specific operations we allow them to go above and beyond what is normally expected from the average service man in this we instill a large degree of trust and if broken has impications for diplomacy and security of the UK. Do you honestly believe he was holding on to this weapon with the intention of causing harm to the british public? Because I'm sure as shite any man with a shadowy back ground like his would find a way.
Despite the minimum 5 year jail sentence I bet there are 100's of criminals in this country who have received less and probably done more - i.e. charges dropped for information leading to further convictions...
Virbius
Well-Known Member
There is no denying that those serving their country are due an inordinate amount of respect, as should police, fire service, ambulance et al. Who are we however to dictate an heirarchy of those who should be above the law? Who should we include with war heroes who can get away with holding a banned handgun and 300 rounds of ammunition: clergy, carers, charity workers?
And let us not forget the incident that led to the police finding the handgun and ammunition in the first place:
And let us not forget the incident that led to the police finding the handgun and ammunition in the first place:
should we show him the same respect and hold him in such high esteem?
Your right, no one should be regarded as above the law, the individual is no doubt guilty of possesion of a fire-arm. However the sentence imposed appears in my opinion (and may others) injust.
With regards to his colleague, she complained, he was not convicted (that we know of), could have just been a domestic row... But that is irrelevant.
Are all service men to be considered wife beaters then if we are to take the incident that led to the weapons discovery into account?
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Tamus
Well-Known Member
So, are you saying that my being law abiding and supporting the condemnation of those who clearly are not is wrong?
I've no idea what the man's motives originally were and accept that perhaps he doesn't even know himself now.
However, far from his amnesia providing him with an excuse it appears to me to have been his undoing. He had a lengthy period of time before his brain damage to at least attempt to put things in order and didn't. Where would the gun and ammo actually have got to if he hadn't "forgotten" them? Would the Police have found them then? He certainly didn't need ammo for it just to hang it on the mess wall "de-activated"... did he?
He has been shown an incredible degree of leniency, IMHO. Far more than any of us "civilians" would ever have any right to expect ... for sure.
I noted one poster on this thread saying something to the effect that; he wouldn't be the first or last to keep such memorabilia under his bed... as if that made it OK... un-be-lievable... and evidently the court agreed.
Just FYI too... I'm no fan of strict liabilty offences. I hate the concept of "no possible defence" but I also hate the idea that law should be applied differently to different people and this man committed a "strict liabilty" offence. Unlike some other poor suckers who have perhaps been "stitched up" under this kind of law, Sgt Nightingale chose to do what he did. I did not and will not sign his petition. However it may interest you to know that I did sign Paul Clarke's petition... he handed a gun in which he found on his property and got a 12 month sentence under the same law... for doing the nearest to the "right thing" that he could think of... he's ex army too.
jon2
Well-Known Member
Plus 1.
Also and as I keep saying, a newspaper article cannot be relied upon for factual, accurate reporting. Even at a base level and seemingly on the most straight forward of subject matter the Telegraph cannot be trusted to report accurately.
Fair enough as we all are you are entitled to your opinion. But I am sure 18months and loss of employment in his particular field is more of a punishment to him than the average sentence passed to members of organised crime receive for similar offences.
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