Taser-Carrying Lorry Driver Avoids Prison

Owing to the more aggressive behaviour of clandestine entrants at the channel ports this defendant had purchased two tasers which were incorporated into torches. These were discovered in the green channel at Harwich and he was properly charged under section 5 of the Firearms Act 1968.

Unfortunately Ipswich CPS elected not to charge him under section 5(1)(b) of that Act – the normal charge for tasers but under section 5(1)(1A)(a) which deals with disguised firearms. The prosecution argued that the fact that the item was a torch as well as a taser made this the appropriate charge. This had the interesting effect for Mr Garrett of placing him in that category of firearms offence  which carried a MINIMUM sentence of 5 years imprisonment.

Harry Bowyer submitted a skeleton argument which, eventually, persuaded the CPS that they were proceeding under the wrong section and a plea was taken to section 5(1)(b) and a sentence of 6 months imprisonment suspended for 12 months was imposed.