"This is an unusual case, but in law there is no dispute that Mr Clarke has no defence to this charge.



++ Important updates on this story here ++There's a term in law known as 'Strict Liability'. This is official, formal legal shorthand for 'You know what? Idon't care why you were doing it, mate'.Strict Liability applies to offences like speeding. So, if you're caught breaking the speed limit, you can't just claim that you didn't, or that youto get home to see the end of X-Factor, or you were fleeing violent axe murderers. Speeding is speeding. Youexceed the limit for any reason.Now, this might not seem too unreasonable, really. A bit crude, a bit simplistic, but you can sort of see where the legislators are comin' from, eh?However, what happens when lazy or inept legislators, rushing to put together yet another knee-jerk set of laws, use this as their own little shortcut?Paul Clarke of Reigate can tell you.Mr Clarke found a discarded shotgun and - rather than blagging a bank, or shootin' up some boyz in da 'hood - decided that he should hand it in at the local police station.After all, possession of an unlicensed firearm is an, innit?Oh yes. It is. But, unfortunately for Paul, it's a 'Strict Liability' offence. Remember them? No excuses.So, when Mr Clarke arrived at the local nick - having had the courtesy to 'phone ahead to announce his intention - was he offered a cup of tea and the thanks of several beaming Bobbies?Was he. He was promptly arrested , and thrown into a cell.When the case came to court, was he given an apology for the misunderstanding and sent away, without a stain on his character?Was he. 'Strict Liability', see?The judge, directing the Jury, sealed his fate, saying,The Jury, not really knowing what the fuck was going on, and probably slightly disappointed that this was not really like on the telly at all, took a scant 20 minutes to go along with the Judge's direction, and find the poor sod Guilty. Guilty. For fuck's sake.So, will the judge now unravel this mess, and sentence Mr Clarke to something proportionate and tolerable: "you will be taken from this place and given a cup of tea and your cab fare home" ?Will he. He, even if he wants to.There's a minimum sentence for the crime of possessing a firearm. A mere judge can't be trusted to know what's appropriate, so he's given guidelines from on high.So - and here comes the sit down and brace yourself bit - when Paul Clarke is sentenced, on December the 11th, hebe sent to prison for aof five years.fucking years. Five years in prison, for doing what pretty much every last single fucking one of us would have done in the circumstances.What the flying, gibbering, fuckityhave we come to?It's an over-worked phrase, butyou make this shit up? No, you fucking could not.What kind of insane, kafka-esque fuckingdo we live in?Really, really, really.++UPDATE++ The reporter who was in court, speaks here . More facts begin to emerge.++UPDATE++ The above was CF's most visited blogpost ever, and attracted huge volumes of criticism and comment. Some responses are here