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A THIEF wants his victim to be prosecuted for having a gun in her house.

Guy Whitelaw broke into the 63-year-old widow's home and stole jewellery and £1700 in cash.

He also grabbed a wooden box from the woman's safe and found a revolver inside. The old gun belonged to the victim's late husband and did not have a licence.

After being arrested, Whitelaw, 28, told police that the woman should be charged.

And the Crown are are now considering bringing a prosecution against her.

Both Whitelaw and the woman could face a minimum five-year sentence for having the weapon.

The High Court in Edinburgh heard Whitelaw broke into the woman's house in Moray while she was out shopping.

Alison Di Rollo, prosecuting, said: "The safe had contained a cash box, within which was an old revolver which belonged to her late husband.

"She describes it as really small and says she had effectively forgotten it was there."

Police found some of the stolen goods in Whitelaw's house in Forres. He told them about the gun and took officers to a spot in the back garden where he had buried the .22 Harrington and Richardson seven-shot revolver.

Ms Di Rollo continued: "He seemed anxious that if he was to face prosecution for possession of the gun, the householder from whom he had stolen it should also face proceedings if they did not have a permit for it."

Ms Di Rollo added: "Proceedings are being contemplated in relation to the householder for possible possession of a prohibited weapon."

Whitelaw admitted housebreaking in March and having the gun in his possession.

He will sentenced next month.

Last year, a gran was jailed for five years for keeping a World War II heirloom gun in her home. Police found the unlicensed gun under a mattress in Gail Cochrane's Dundee home while they were looking for her son.

The Browning 7.65mm military pistol had belonged to her late father and the 54-year-old kept it as a war trophy.

Gail spent six weeks behind bars before Appeal Court judges quashed the sentence and replaced it with community service.