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03-20-08, 09:45 AM #1
JUDGE'S ANGER AT MANSFIELD GUN CHARGES
09:00 - 20 March 2008
A judge says the Crown Prosecution Service was wrong to drop firearms charges against a man because he admitted dangerous driving.
Judge Dudley Bennett adjourned the case against Brian Holloway, 28, of Knowle Street, Mansfield, so the CPS decision could be reviewed.
Holloway had pleaded guilty to dangerous driving, driving whilst disqualified and driving without insurance following a police chase through Notts on December 9 last year. Police allegedly found a plastic bag of live shotgun cartridges in the back of the Ford Mondeo car driven by Holloway.
But the CPS agreed not to prosecute Holloway for possession of ammunition when he agreed to plead guilty to the driving offences.
Judge Bennett, sitting at Nottingham Crown Court, said the CPS had made a mistake.
"The CPS has said the [guilty] pleas would be acceptable because of no previous convictions for firearms offences," he said.
"I cannot see why that decision was made at all. I would've though that everybody was aware that we are all extremely nervous about firearms cases and ammunition."
He asked prosecutor James Hett: "Are you bound by it, because you obviously don't agree either?"
Mr Hett said he did not agree.
"I keep saying to the CPS: 'don't do this!" Judge Bennett explained. "Where you've got something sensitive, run it past the judge first.
"You've put the whole thing back two weeks."
The case was adjourned until March 28.
Judge Bennett said the case may have to go to the High Court to let them decide the next course of action.
A spokeswoman for the CPS said: "His Honour Judge Bennett has asked the CPS to re-review the decision and we will be doing so.
Nottingham Evening Post"all that is necessary for the triumph of evil is that good men do nothing" Edmund Burke.
"the world is a dangerous place place to live; not because of the people who are evil, but because of the people who do not do anything about it" Albert Einstein
03-20-08, 01:55 PM #2
Probably cos the CPS realise he'll get more for the driving offences than the possesion of the ammunition!the sole advantage of power is that you can do more good.
( Baltasar Gracian )
03-20-08, 04:46 PM #3
Sounds like ammunition charges, not "gun" charges. This is nothing new though, I rarely see a case actually go all the way to trial. In nearly every case where I work the prosecutor will allow the defendant to plead guilty to one or more lesser charges in satisfaction of all the charges. The question that comes to mind though - if he was caught with ammunition, where is the gun to go along with it?"never bring paws to a gunfight" - Jenna
03-20-08, 05:27 PM #4
Same thing here vengeance.
Need a certificate to possess/purchase the ammo equally to the firearm itself.
As for the gun, well it was probably on hire to another associate at the time.the sole advantage of power is that you can do more good.
( Baltasar Gracian )
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