Statement Template Final

Witness Statement

(C.J. Act 1967, s. 9 MC Act 1980, ss. 5A (3a) and 5B Criminal Procedure Rules 2005, r 27.1)

Statement of Julianna Jones Age of Witness

Over 18

Occupation Forensic Scientist with Cranfield Forensics Qualifications : I have a Bachelor of Science degree in the following field of study : Diagnostic Radiography. This statement, consisting of pages each signed by me, is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

Dated the 23 day of November 2009.

Signature

Julianna Jones

Instructions: On 19 October 2009, the following items were received from PC Ian Jackson on behalf of the Thames Valley Police Force. JPT/01 – Firearm JPT/02 – Stun gun I was asked to examine the firearm JPT/01 and the stun gun JPT/02, and determine if a) The items were subject to any legislation b) Whether it is relevant with regards to the possession of the device that item JPT/02 functions erratically.

Summary and Conclusion: -

JPT/01(sawn-off shotgun) is a firearm subject to general prohibition under the Firearms Act 1968 (as amended) s.5(1)(aba), s.5(1)(ac), s.1(1)(a), s.4(1), s.4(4).

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JPT/02 (stun gun) is a weapon subject to general prohibition under the Firearms Act 1968 (as amended) s.5(1)(b), s.1(1)(a).

The item JPT/02(stun gun) functions erratically. It is clear that there is potential to cause harm either to the perpetrator or the victim. This is what the Act says, therefore an offence has been committed.

Items Examined Signed : Julianna Jones

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Dated : 23 November 2009

On the 18th October at the Cranfield Forensic Science Laboratory I received the following items from PC Ian Jackson of Thames Valley Police Force; (Item 1) JPT/01 Mossberg Model 500E .410’’ calibre, pump action, shotgun serial Number J697539. (Item 2) JPT/01 Black plastic, hand-held, stun gun. Initial Examination Both items were individually examined. Mossberg Model 500E .410’’ calibre, pump action, shotgun serial number J697539 is in poor condition. It has a smooth bore barrel which has been reduced in length to 295mm and the butt has also been reduced and the overall length is 690mm. It has a magazine capable of holding four 3’’ cartridges and is in working order. The stun gun was a black plastic, handheld, stun gun with no external markings, with three 3 volt CR123A batteries and a carrying case. It has two forward facing flat electrodes 10mm apart, a red LED and two switches which were: - A two position slide switch marked ‘’ON’’ and ‘’OFF’’. - A push button rocker switch. With the batteries in place and the slide switch moved to the fully forward ‘’ON’’ position the red LED lit up; and when the push button switch is depressed the device functions erratically and a noisy, high-voltage, blue spark is sometimes observed between the electrodes. Analysis Item JPT/01 (sawn-off shotgun) The firearm is subject to general prohibition under the Firearms Act 1968 (as amended): From my analysis of the weapon recovered, it is clear to see the length of the weapon has been altered. It is has been reduced in length to 295mm/29.5 centimetres. -

s.5(1)(aba) any firearm which either has a barrel less than 30centimetres in length or is less than 60 centimetres in length overall,

It has a pump-action, smooth-bore barrel which has been reduced in length to 295mm/11.61 inches. The butt has also been reduced and the overall length is 690mm/27.1 inches. Therefore, it is fewer than the statutory length mandated in the Act. A – Has a barrel less than 24 inches in length -

s.5(1)(ac) any self-loading or pump action smooth-bore gun which is not an air weapon or chambered for .22 rim-fire cartridges and either has a barrel less than 24 inches in length or is less than 40 inches in length overall;

It is an offence under s.2(1) for a person to have a firearm in their possession without the authorized validated firearm certificate. Thames Valley Police did not retrieve any valid firearm certificate in the home of NATHALIE TURNER on 19 October 2009 – where the firearms warrant was executed. -

s.2(1) it is an offence for a person-to have in his possession, or to purchase or acquire, a firearm to which this section applies without holding a firearm certificate in force at the time,

The sawn-off shotgun has been converted contrary to s.4(1). Its length and smooth bore barrel have been altered and therefore the possession of such a firearm is illegal. Signed : Julianna Jones

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Dated : 23 November 2009

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s.4(1) it is an offence to shorten the barrel of a shotgun to a length less than 24 inches.

If no valid certificate was found, such an offence is ‘’aggravated’’ therefore the person involved possesses such a firearm knowingly without the valid authorisation. -

s.4(4) A person who commits an offence under section 1 of this Act by having in his possession, or purchasing or acquiring a shotgun which has been shortened contrary to subsection (1) without holding a firearm certificate authorising him to have it in his possession or to purchase or acquire it, shall be treated for the purposes of provisions of this Act relating to the punishment of offences as committing that offence in an aggravated form.

JPT/02 (stun gun) The weapon is subject to general prohibition as stated in s.5(1)(b). A person who knowingly has in their possession such a weapon adapted for the discharge of the any noxious liquid gas or other thing. ( in the case of Flack vs. Baldry, House of Lords, 25 February 1988). The House of Lords said this to correct a mischief in the law. Ms TURNER had previously stated that she had bought the stun gun whilst on holiday and that it was for her own personal protection. It is not clear from where the stun gun originated prior to it been owned by Ms TURNER. -

s.5(1)(b).Weapons subject to general prohibition. (1)A person commits an offence if, without the authority of the Defence Council, he has in his possession, or purchases or acquires or manufactures, sells or transfers(b)any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing.

The stun gun is subject to the requirement of a valid authorised certificate – s.1(1)(a) This was not retrieved by Thames Valley Police during the executed warrant or thereafter. s.1(1)(a) it is an offence for a person-to have in his possession, or to purchase or acquire, a firearm to which this section applies without holding a firearm certificate in force at the time, This offence is punishable by a summary conviction up to six months and/or fine of statutory maximum; or on indictment up to 10 years and/or fine. -

Yes it is relevant, with regard to the possession of the item JPT/02 which functions erratically. As item JPT/02 has the potential to cause harm. Therefore, the wrecklessness demonstrated by possessing such a weapon amounts to intent. In the case of Brown v DPP, despite an unknown fault resulting in it been inoperable, it did not alter its character as a prohibited weapon under s.5(1)(b).

Signed : Julianna Jones

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Dated : 23 November 2009