Showing posts with label spared. Show all posts
Showing posts with label spared. Show all posts

Friday, 22 November 2013

Royal Marine who brought AK47 home from Gulf War spared jail

File photo of a AK47 rifle Photo: ALAMY By News agencies

10:09AM GMT 21 Nov 2013

A Royal Marine who brought home an AK47 rifle from the Gulf War has been spared jail after a judge described him as an 'exemplary' serviceman.

Father-of-two Richard Bowen, 45, was caught when police discovered the Chinese manufactured weapon in his loft during a search.

He had originally wanted to display the type 56 assault rifle at home as a "trophy", but was stopped by his wife, who "sensibly" refused, a court heard.

Junior non-commissioned officer, Corporal Bowen, a Marine of 28 years and a Northern Ireland, Iraq and Afghanistan veteran, admitted possessing a prohibited weapon.

He was just 22 when he was deployed to northern Iraq and served in Operation Safe Haven more than two decades ago.

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He did not know the rifle was in his belongings when he returned to the UK in 1992, the court heard.

It was only when he started packing for another operation a few weeks later, that he realised it was there.

At first he wanted to put it up on the wall of his home, but also considered throwing it into the harbour.

It was found in parts in plastic bags in a military container with Bowen's details on it.

By law, possession of a firearm carries a mandatory minimum five-year jail sentence for offenders aged over 18 when the crime is committed.

However, courts have discretion not to impose the minimum term in 'exceptional circumstances'.

Portsmouth Crown Court was told Bowen is an expert in his field and highly respected in his professional and personal life.

After hearing of his unblemished military record, Judge Sarah Munro ruled Bowen's was 'the most exceptional' case and suspended a 12 month jail term.

Sentencing, Judge Munro said: "The man standing before me is an exemplary soldier, a devoted husband of 25 years and a father of two children aged 21 and 19.

"All who speak in your favour speak highly of you. They speak of your professionalism, compassion, sensitivity and proficiency."

She added: "You have an exemplary service record. You are admired and respected by all in your profession."

Prosecutor Richard Barton said the AK47 did not have a bolt and no ammunition was found with it by Ministry of Defence police.

But examinations revealed that had a bolt been added and ammunition placed in the magazine it would have been in 'good working order', he said.

Bowen did not put any weapons in his kit before returning to the UK and had no intention of using it or passing it on to anyone else, the court heard.

He discovered the AK47 shortly before he was due to embark on another exercise.

Sam Brown, mitigating, said: "For a while it's true to say that the defendant, still very young, contemplated displaying it as a trophy.

"The defendant's wife sensibly said 'no'."

Bowen also considered throwing the weapon into the harbour, but was concerned about being caught on CCTV, Mr Barton added.

And he didn't hand it in during two national firearms amnesties, one in 1996 and 2003.

Ministry of Defence officers came across it while searching Bowen's home in Southsea, Hants, on an unrelated matter on March 26.

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Thursday, 14 November 2013

New mother who killed baby in 'sudden explosion of violence' spared jail

A new mother who killed her baby when she stopped taking medication for post-natal depression was spared jail after a judge said she had been “in a maelstrom of fatigue and mental disorder” at the time.

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Tuesday, 12 November 2013

Mother Natasha Sultan spared jail for killing her baby

Natasha Sultan arriving at Hull Crown Court Photo: Hull News and Pictures By Claire Duffin, and agencies

11:07AM GMT 12 Nov 2013

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A new mother who killed her baby when she stopped taking medication for post-natal depression was spared jail after a judge said she had been “in a maelstrom of fatigue and mental disorder” at the time.

Six-week old Amelia-Lilly died of a head injury following a “sudden explosion of violence” by Natasha Sultan, 21, who then went to sleep. Her partner, Jamie Curtis, found the baby unconscious in her cot when he returned from a night shift the next day.

Sultan, who has not told police how she killed her baby, was due to stand trial for murder on Monday but the prosecution accepted her guilty plea to the lesser charge of infanticide on the grounds she had suffered a “temporary unbalance” of her mind.

Sentencing Sultan on Tuesday Judge Jeremy Richardson said she was an “utterly broken woman” who would have to live with the burden that she had killed her daughter for the rest of her life.

He told her: “If you should ever have any other children, the social services department will plainly be involved and it may be that you are not permitted to bring up any future child given what has happened.”

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Hull Crown Court had heard how Sultan’s GP had diagnosed post-natal depression and had prescribed anti-depressants which could have avoided the tragedy.

However Sultan only took one tablet because she had been swayed by the “stigma” associated with the condition and felt it reflected on her abilities as a mother, her barrister Malcolm Swift said.

The court heard that Sultan’s partner, James Curtis, had also suggested she should not take any more tablets.

In the days before her baby died though, she told of having “just one hour sleep”.

On October 7 last year, Mr Curtis left the couple’s home in Hull to work a night shift as a security guard. The court heard he received a text message from Sultan at 10.30pm, saying the baby was asleep and she was going to bed too.

However when he arrived home at 8am the next day, Amelia-Lilly was unconscious and cold in her cot.

Sultan, who was asleep when he arrived, “fell to her knees and appeared to break down”.

Amelia was pronounced dead the next day. An X-ray found she had a fractured skull which was “non accidental” but Sultan lied to hospital staff, her partner and police and claimed she had tripped and dropped her baby.

Experts said this was not possible as the severity of injuries were inconsistent with an accidental fall from waist height to a carpeted bedroom floor. The court heard said “significant force” would have been required to produce the bilateral fractures.

Sentencing Sultan to a three-year supervision order, and banning her from working with children, Judge Richardson said Sultan killed Amelia-Lilly by “deliberately impacting her head on a hard surface”.

“I make it plain I do not ignore the crucial feature of this case, that you killed your daughter,” he said.

"The fact that a defenceless infant aged only six weeks has died at your hands is a highly significant matter.

"Your actions were not of a calculating cruel woman, rather, an uncontrolled explosion born from a disturbance of mind associated with childbirth.

"It arose when you were exhausted and plainly frustrated with the difficulty with feeding your infant daughter.

“There will be many parents of infants who appreciate the situation in which you found yourself. The sudden explosion of violence was due to your unbalanced mind derived from postnatal depression.

“What is harder to understand, however, is your conduct afterwards. You went to bed having visited serious violence upon your daughter.

“You neglected her obvious and urgent need for medical attention. You simply went to bed.”

He added the court had heard how Sultan was a “loving mother who deeply wanted a child” and “adored” her daughter.

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