Norfolk grandfather, 88, jailed for having antique shotgun is freed and reunited with wife

Roy and Jacqueline Delph. Salters Lode, Downham market. Picture: Steve Williams. Archant

A frail grandfather who was jailed for having an antique shotgun in his car is today free and reunited with his wife.

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Roy Delph. Salters Lode, Downham market. Picture: Steve Williams. Roy Delph. Salters Lode, Downham market. Picture: Steve Williams.

Roy Delph, 88, wept as he was told he was a free man, just 18 days after he was sentenced to two years in prison for firearms offences.

The pensioner’s jail term was cancelled at Norwich Crown Court yesterday, as it emerged that barristers had blundered by incorrectly classifying the 124-year-old weapon as more dangerous than it was - following the wrong sentencing guidelines.

Judge Nicholas Coleman re-sentenced him to two years in jail suspended for 18 months and Mr Delph, who was in a wheelchair, dabbed his eyes as he began to cry.

Appearing overwhelmed, he was wheeled back to the cells by the custody officer to collect his belongings and go back to his housebound wife in Kemps Close, Salters Lode, near Downham Market,

Enjoying his first cup of tea back home and reunited with his loving wife, Mr Delph thanked the public for their support during a difficult few weeks.

When asked what he missed most while inside, he simply pointed to his wife Jacqueline sitting the other side of the room.

“It’s this lady here and the kind people out there who helped get me out,” he said. “The people who read or heard about my story in the media and what had happened - I can’t thank everyone enough for their support.”

His wife Jacqueline said: “We even had one kind person send us a card with £20 to spend on cat food after they saw what had happened – we’re so very grateful. “I’m so pleased to have him home.”

Mr Delph had been tormented by young people who damaged his property and killed a kitten that he cared for, but when he approached police to report anti-social behaviour they saw the shotgun and he was prosecuted.

He admitted possession of a loaded firearm in a public place, the A122 Downham Market, at an earlier hearing, but said it was kept to shoot vermin and he did not intend to cause fear of violence.

Severely deaf, he said he could hardly hear any of the court proceedings and didn’t initially realise he was going to receive a custodial sentence on July 31.

“I was in complete shock – I never had a chance in that court room,” he said. “I was never allowed to speak and give my side of the story about the trouble we’d been having.

“And I do feel I’d done nothing wrong – a mountain was made from a molehill as far as I’m concerned.”

He added: “I wasn’t prepared for going to prison - I didn’t pack anything or take my watch.

“Luckily, they gave me my medication in the hospital wing of Norwich prison.”

Mr Delph stayed in the hospital wing throughout the sentence and said he had no complaints about the care he received.

“It was quite good in there,” he added. “I have no grumbles on that end.

“The food was good and I was well looked after.

“It was difficult not watching any news or reading a newspaper - and the television shows were not to my taste.”

Graham Hill, a friend of Mr Delph who was supporting him in court, said: “I’m very pleased to see Roy getting out of prison.

“We hadn’t been able to see him at the prison at all.

“In the last few days we heard he was coming back to court.

“It was brilliant to see him released.”

Lawrence Bruce, the barrister for Mr Delph, said he had mistakenly thought that the type of weapon that Mr Delph had placed the case in the category of the mandatory minimum prison sentence imposed by Parliament, but later realised he was wrong.

“I take primary responsibility for that error - an error to which I fell at a relatively early stage in proceedings,” he said.

Why Roy Delph was released from prison

Roy Delph was sentenced on the basis that the type of firearm he had required a mandatory minimum prison term of five years,

This is imposed by parliament, but was reduced by Judge Coleman to two years in light of mitigation.

However, at yesterday’s hearing it emerged that barristers had incorrectly classified Mr Delph’s firearm, and a minimum term was not required.

Lawrence Bruce, the barrister for Mr Delph, said he took responsibility for this, and that the prosecution had not challenged his initial interpretation.

The case was initially prosecuted by barrister Mark Roochove and later by Juliette Donovan.

In light of this change in tack Judge Nicholas Coleman re-sentenced Delph, who had never been in trouble before.

Addressing the barristers’ error, he said: “It had this unfortunate outcome for you Mr Delph that I had to approach the sentencing on the basis put forward by the prosecution and defence.

“No-one can doubt that it [the minimum sentence for firearms offences] can provide a harsh outcome and I’m well aware of the discussion that has followed about your case.

“It’s intended to be a harsh outcome as people in possession of such firearms should be subjected to the minimum term.

“It has of course meant that this country has been free of the sort of problems that exist in some jurisdictions.

“Fortunately there are fewer and fewer firearms cases here.

“It’s now been accepted that the minimum term does not apply.

“Free from that it seems only right and proper that I should deal with this matter in a much more lenient way.

“There was no doubt a cavalier attitude to the keeping of firearms, but given the fact the danger has been removed, your firearms have been taken away from you and you are no doubt requiring some help in the future I take the view that the sentence should be suspended and you will be released immediately.”

Delph was sentenced to two years in prison suspended for 18 months, with a 12 month supervision order.

His weapons and ammunition were forfeited and destroyed.