Was this really the only way of dealing with this...?
Gentleman Aviator
Dear oh dear. If the info above about the ammunition is legit
A technical question on MCTC. If one were sentenced to 18 months inside in a civvy prison, one would have the reasonable expectation of serving only 9, with 4 or 5 months of that "on the out" but tagged. Does that apply?
And it isn't "career terminal" either. Danny N has not been reduced in rank, nor will he be discharged on completion of sentence, both of which would normally happen.
Last edited by teeteringhead; 23rd Nov 2012 at 08:56.
...A technical question on MCTC. If one were sentenced to 18 months inside in a civvy prison, one would have the reasonable expectation of serving only 9, with 4 or 5 months of that "on the out" but tagged. Does that apply?
I read the transcript with interest, noting the following:
The media have totally misrepresented this one.
It turns out I am quite well acquainted with the Board President. It would be difficult to meet a more reasonable and intelligent man.
The time the gun spent in the Iraq box was effectively dismissed. They picked upon the fact that he must have been aware of its existence when he transferred it to a different hiding place some time later.
It was the ammo they were most concerned about in terms of knowingly breaching regulations, and the fact that all the items were stored insecurely, so any casual thief could have obtained them.
"Parliament has decreed" the required minimum sentence was 5 years except in exceptional circumstances. The board found enough exceptional circumstances to award him 18 months, and no reduction in rank or dismissed the Service.
I would suggest that the Board used all the wiggle room they had in sentencing. Use of the phrase "Parliament has decreed" might be a way of saying "Over to you, LCJ"
The media have totally misrepresented this one.
It turns out I am quite well acquainted with the Board President. It would be difficult to meet a more reasonable and intelligent man.
The time the gun spent in the Iraq box was effectively dismissed. They picked upon the fact that he must have been aware of its existence when he transferred it to a different hiding place some time later.
It was the ammo they were most concerned about in terms of knowingly breaching regulations, and the fact that all the items were stored insecurely, so any casual thief could have obtained them.
"Parliament has decreed" the required minimum sentence was 5 years except in exceptional circumstances. The board found enough exceptional circumstances to award him 18 months, and no reduction in rank or dismissed the Service.
I would suggest that the Board used all the wiggle room they had in sentencing. Use of the phrase "Parliament has decreed" might be a way of saying "Over to you, LCJ"
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Originally Posted by Harry Heathrow
If we are ungenerous we have a man with an unlicenced firearm in the UK who think he might need it some day....... to kill someone
"We sleep soundly in our beds at night because rough men stand ready to bring violence upon those who would do us harm." I wish to sincerely thank those "rough" men. Maybe all those pussies who have condemned this man should go on the selection course and see what metal those who make the grade possess.
Another case of BOHICA by a REMF.
I hope he receives justice soon. NOTE: there is a massive difference between justice and the legal system.
Biggles
You are wrong.
There was never a word stating that Sgt Nightingale would use his "trinkets" against the general populace. However, the way that he possessed and stored them was illegal. It only takes a small child or a burglar to discover these "trinkets" and it doesn't take the brains of an Archbishop to work out what might happen next.
I have been around plenty that have passed selection and they "play by big boys rules" with an incerdible amount of trust placed on all in that environment regarding weapons. However, I believe that this individual abused that trust, did something incredibly stupid and has got away lightly compared to the recommended sentence of 5 years for having an illegal Glock and ~400 rounds of assorted 'military-only grade' live ammunition.
With a bit of luck he'll only do 30% of his sentence for being a good boy and them everyone can move on. However, there is no doubt in my mind, and many others, that he messed up and did something incredibly stupid and deserves to be punished for it regardless of what he has done in the past.
LJ
You are wrong.
There was never a word stating that Sgt Nightingale would use his "trinkets" against the general populace. However, the way that he possessed and stored them was illegal. It only takes a small child or a burglar to discover these "trinkets" and it doesn't take the brains of an Archbishop to work out what might happen next.
I have been around plenty that have passed selection and they "play by big boys rules" with an incerdible amount of trust placed on all in that environment regarding weapons. However, I believe that this individual abused that trust, did something incredibly stupid and has got away lightly compared to the recommended sentence of 5 years for having an illegal Glock and ~400 rounds of assorted 'military-only grade' live ammunition.
With a bit of luck he'll only do 30% of his sentence for being a good boy and them everyone can move on. However, there is no doubt in my mind, and many others, that he messed up and did something incredibly stupid and deserves to be punished for it regardless of what he has done in the past.
LJ
..and furthermore, the Board President is not a REMF.
Go read the transcript. It's very clear as to what Sgt Nightingale was sentenced for. The time the Glock spent in the box from Iraq was totally discounted.
Go read the transcript. It's very clear as to what Sgt Nightingale was sentenced for. The time the Glock spent in the box from Iraq was totally discounted.
Gentleman Aviator
Go read the transcript.
Danny N screwed up, has been suitably punished (pour encourager les autres) and will be back on duty by next Christmas.
I expect UKSF are furious about the way in which the media and now PM have become involved in this.
Normal procedure if civil police get involved in anything at Hereford (even for something trivial like an unpaid parking ticket, or no TV licence) is that the miscreant gets an immediate RTU, in part so that the admin has to be dealt with by the parent regiment. This incident was clearly too severe for this and I expect the CO was fuming, even before his judgement was effectively questioned by the media and now by the PM.
IMO he was dealt with fairly and indeed got off quite lightly. Seems he has not even been discharged from the Army, and will be allowed to resume his career (albeit with his parent regiment). Indeed, that is what his fellow lags will call "a result".
On another matter, having read the transcript, I'm surprised parts of it weren't censored. They even published the street address of his accommodation.
Normal procedure if civil police get involved in anything at Hereford (even for something trivial like an unpaid parking ticket, or no TV licence) is that the miscreant gets an immediate RTU, in part so that the admin has to be dealt with by the parent regiment. This incident was clearly too severe for this and I expect the CO was fuming, even before his judgement was effectively questioned by the media and now by the PM.
IMO he was dealt with fairly and indeed got off quite lightly. Seems he has not even been discharged from the Army, and will be allowed to resume his career (albeit with his parent regiment). Indeed, that is what his fellow lags will call "a result".
On another matter, having read the transcript, I'm surprised parts of it weren't censored. They even published the street address of his accommodation.
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An SAS soldier detained for 18 months for illegally possessing a pistol and ammunition has won his freedom at the Court of Appeal.
Sgt Danny Nightingale, 37, from Crewe, admitted possessing the 9mm Glock pistol and 338 rounds of ammunition at a court martial earlier this month.
Judges at the Court of Appeal reduced Nightingale's sentence to 12 months.
However, they suspended the sentence and said he could be released immediately.
The weapons and ammunition were recovered by police from Nightingale's Army accommodation near Hereford.
Nightingale's wife Sally, 38, cried when the verdict was delivered and when asked if she was "thrilled" she nodded.
Before the appeal hearing in London, she said over 106,000 people had signed a petition calling for her husband to be released.
Sgt Danny Nightingale, 37, from Crewe, admitted possessing the 9mm Glock pistol and 338 rounds of ammunition at a court martial earlier this month.
Judges at the Court of Appeal reduced Nightingale's sentence to 12 months.
However, they suspended the sentence and said he could be released immediately.
The weapons and ammunition were recovered by police from Nightingale's Army accommodation near Hereford.
Nightingale's wife Sally, 38, cried when the verdict was delivered and when asked if she was "thrilled" she nodded.
Before the appeal hearing in London, she said over 106,000 people had signed a petition calling for her husband to be released.
Last edited by airpolice; 29th Nov 2012 at 16:03.
I wonder if the RAF officer nicked in his home for having live ammunition and no weapon about 5 years ago will seek wrongful treatment, dismissal and go for compensation? He had also been working in a similar 'big boys' environment. I also wonder if this will be used as legal precedent by lawyers defending civvys caught with guns and ammo?
Hmmm...I wonder...
Hmmm...I wonder...
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I also wonder if this will be used as legal precedent by lawyers
defending civvys caught with guns and ammo?
Hmmm...I wonder...
