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Thread: where does my friend stand ?

  1. #1

    where does my friend stand ?

    my friend shot a roe deer between xmas and new year ! within the legal shootin hours ! but because it was close to beening dark he decidced to go to a friends house for a cuppa then the 2 of them when out lamping with the roe in the back of the truck after they had be out for 4 hours they continued home! the police then stopped him and charged him with poaching and then shooting a deeer in the dark ! which are all false accusations because it was on his permission and shot in the rite time and sex !!!! has any1 had any expericences with this before he has lost all his guns ammo and licence ///?? any help would be appricated !!!

  2. #2
    Seems strange they got as far as taking his guns away when he has permission? They also have to have seen the shot or be able to prove the deer was shot at night as far as I'm aware...

    Having said this its pretty bloody silly to be out lamping with a Roe in the wagon!! - They only have to prove "beyond reasonable doubt" that your friend was poaching... and looks pretty bad eh?!

  3. #3
    Assuming he has land with deer on it he can shoot then it is up to the police to prove that he broke the law, not the other way round. There is no crime going foxing with a deer in the vehicle - it's common practice once the light goes to go after Charlie.

    Section 161 of the Highways Act 1980 (England & Wales) makes it an offence to discharge a firearm within 50 ft of the centre of a highway with vehicular rights without lawful authority or excuse, if as a result a user of the highway is injured, interrupted or endangered.

  4. #4
    He will now need to prove he was not lam ping deer and that will be hard from what you wrote Bunny Doom wrote (Pretty bloody silly ) I would need to say that was the biggest understatement so far on SD in 2013.

  5. #5
    Quote Originally Posted by 6pointer View Post
    He will now need to prove he was not lamping deer...
    I thought it would be the prosecution job to prove he was lamping deer, rather than his job to prove he wasn't.

    I'm not sure what the 'only' is doing in Bunnydoom's comment about the police having to prove the crime 'beyond reasonable doubt'. My take on 'beyond reasonable doubt' it that it is a pretty high bar.

  6. #6
    To charge and report anybody for any offence requires evidence which in Scotland must include corroboration. Your story contains not one shred of evidence on which a case against your mate could proceed. There is no evidence of the deer being poached and no evidence of it being shot outwith legal times (there may well have been evidence of it being shot at least 5 hours earlier in that it would have been cooler than recently shot). But this is an assumption on you having the full story. For the Police to have stopped his vehicle sounds possible that somebody has reported seeing something. I would assume that your mate did explain the story regarding the deer, where it was shot and at what time. If he has been charged there must be more to it. Get a lawyer who will be able to get access to the evidence in the case.

  7. #7
    story is lacking some detail,

    do you inform police of your lamping activities
    do you have issues of poaching in your area
    was he far from the said land
    why was he stopped by police did they state a reason
    was it a wildlife officer that stopped him or just a normal officer.

  8. #8
    Quote Originally Posted by Apache View Post
    Assuming he has land with deer on it he can shoot then it is up to the police to prove that he broke the law, not the other way round. There is no crime going foxing with a deer in the vehicle - it's common practice once the light goes to go after Charlie.
    As a newby I can only give my opinion on this nightmare, presumably the deer had been gralloched within the preferred 30 min window, maybe I would have then used the gralloch as fox bait.

    When these guys were stopped they must have had foxing equipment/ fox cal rifle with them, something tells me there may be more to this especially as the guns have been confiscated.

    My mentor and I frequently call in to a favourite pub on the way home from stalking, often with gralloched carcases in the back of my Defender, we may stay for a bite and leave the pub 2/3 hours after sunset so we could possibly fall foul of this scenario not getting home until very late evening.

    I would have to agree that on the face of it the police really do not have much evidence to support their accusation of night time deer poaching and the CPS, if it gets that far, will in the absence of a 95% chance of a conviction, not proceed. Unless there are further charges the weapons should be returned, perhaps they have been seized illegally by the police?

    Just my thoughts, WB

  9. #9
    Quote Originally Posted by Gazza View Post
    To charge and report anybody for any offence requires evidence which in Scotland must include corroboration. Your story contains not one shred of evidence on which a case against your mate could proceed. There is no evidence of the deer being poached and no evidence of it being shot outwith legal times (there may well have been evidence of it being shot at least 5 hours earlier in that it would have been cooler than recently shot). But this is an assumption on you having the full story. For the Police to have stopped his vehicle sounds possible that somebody has reported seeing something. I would assume that your mate did explain the story regarding the deer, where it was shot and at what time. If he has been charged there must be more to it. Get a lawyer who will be able to get access to the evidence in the case.
    I agree....

    There wont also be a problem showing the gralloch on his permission ???
    Blessed be the sheeple for they shall inherit bugger all...

  10. #10
    Engage the services of a competent solicitor specialising in this sort of work if he has not already done so! atb Tim

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