Man surrendered ‘torch’ stun gun to police officers
AMAN who bought a torch which turned out to be a stun gun has found himself in the dock of a crown court.
Nicky Phillip Boyle called the police to tell them what had happened – and was charged with possessing the weapon.
Swansea Crown Court heard that there is no defence to possession of such an item, even if the owner did not realise what it was.
Helen Randall, prosecuting, said on March 3 this year Boyle called police to say he was not feeling mentally well, and had a stun gun in his possession – he told officers there were other people in the house with him but they were all safe.
Officers were dispatched to the property but Boyle would not initially tell them where the item was, before directing them to what appeared to be a black torch.
The court heard he told officers he had bought the item the previous day in a car boot sale as he needed a torch for work.
However, he said, when he tried to charge it he realised it was a Taser, and decided to call the police.
Boyle, of Groeswen Park, Taibach, Port Talbot, had previously pleaded guilty on a basis to possession of a Taser when he appeared in the dock for sentencing – the basis being that he was not aware of the “dual nature” of the item and had not, and did not intend to, put the item to any criminal use.
The court heard Boyle has 14 previous convictions for 23 offences, mainly for public order and motoring matters.
James Hartson, for Boyle, said the offence was almost one of absolute liability as, once possession was proved, there was effectively no defence of not knowing the true character of the item in question.
He said the defendant had been arrested after calling the police to surrender the weapon to them.
He said: “Once he realised the true nature of the article he himself contacted the police with a view to it being surrendered and disposed of safely.”
The barrister said a less responsible person may have simply got rid of the item in a way that was less safe.
He added that his client had been drunk at the time of his arrest, and in recent years had turned to alcohol as an “inappropriate coping mechanism” for dealing with stresses.
Judge Keith Thomas said Boyle had admitted to possession of a Taser on a basis which the prosecution had accepted, and that such cases were difficult to sentence.
He said he was satisfied the weapon was capable of causing injury but he accepted that was not the defendant’s intention.
Giving the defendant credit for his guilty plea, the judge sentenced him to 18 months in jail suspended for 18 months, and ordered him to complete 180 hours of unpaid work and a rehabilitation course.
Judge Thomas told Boyle he had a record of committing offences when in drink, and if he continued to do so courts in the future would find it difficult to find reasons not to send him into custody.