http://www.bbc.co.uk/news/uk-england-20547557

Reduced to 12 months suspended sentence.

Camo mismatch.

Camo mismatch.

Maybe he forgot which camo he’d put on first

About bloody time – mucking fuppets that sentenced him in the first place need locking up instead….

Well, you’ll clearly believe anything they tell you in the press!

Truth is he didn’t get released – he’s been busted out of the glasshouse by a team of former comrades, who have made their way to the Worcestershire underground. Though still wanted by the government, they intend to survive as soldiers of fortune. Accepting spurious contracts from downtrodden farmers and businessmen who are able to find them, with sometimes hilarious consequences.

The Camo match is much the same as the Match between the story told in the Family Appeal and the actual truth ?

lol at zulu, it’ll never catch on…

Released but still guilty, seems a compromise. I still don’t think forgetting is a valid excuse though.

Drac – depends on what his “brain injury” is.

http://www.arrse.co.uk/intelligence-cell/190993-sgt-danny-nightingale-out-appeal.html

I’ve seen the last thread about it and I’ve read the articles. I still think the same, others think different it’s funny old world that people have different opinions.

What was it?

2 years he had the rounds & the pistol under his bed?

I’m with the consensus at ARRSE – if he’d been a regular Tom he’d still be inside..

Trial by social media. It’s the future.

guilt and punishment now seems determined by popularity…

X Factor justice at its best.

Thank god we don’t have political influence in the judiciary too – with David Cameron sticking his oar in.

X Factor justice at its best.

X File more like 😉

Whilst i can see why people think this case is different from others but the law should [MUST}be applied equally to all.

In this case it has not and I dont think it was in his original sentence either.
Both are lenient because of who he was/what he represented rather than what he had done

Hi sentence was harsh though. Thug yobbos with black marks on their record get off lighter than he was sentenced for. The sentence was wrong, hence it was overturned. Prosecution and judges fault really.

I suppose this means I shall have to return the mountain bike I nicked out of his garage? Bollocks. Two weeks earlier and I could have copped for the significant stash of live ammo he had stashed. Life is so unfair.

lol

On a completely aside note, this amassing of weapons by current and ex military is far more widespread than this case alone.

Seriously, people join up for a multitude of reasons and weapon fixation has to be one. This, coupled with access above and beyond Joe public means there will be a proportion of people out there with all sorts stashed away.

^ this comes from someone I trust (and is ex forces) who in turn knows of people who have such a stash.

‘nursing a semi’ Nightingale just happened to get caught.

He has been granted a reprise by the baying mob, I will be interested in reading how they have worded the popularity contest decision in legalese.

Nukeproofrider, got any links of yobs getting less than 18 months for firearm posesion

I’ve been following with interest because my wife is friendly with the guy’s sister.

Frankly – I think he’s guilty and indeed he pleaded to it as well. i don’t think that’s in doubt, and brain injury / forgetfulness / the fact the pistol was shipped back without him being there etc. are all extenuating factors, but the fact is he had it (and the ammo).

But I’m not convinced that 18mo in the glasshouse serves any real purpose. What is the purpose of putting him inside? Of putting anyone inside?

1/ to get a dangerous criminal off the streets. Is that really relevant here. i don’t think anyone involved in the case feels he was likely to go on a killing spree?

2/ to rehabilitate. Again, is that relevant here. I’m sure he realises the wrongness, and doesn’t need 18mo thinking time to work it out.

3/ to punish. By putting him inside and depriving him of liberty for 18mo, the family would also have lost their accomodation, and the unit would have lost by all accounts a damn fine soldier. I’m not convinced the public good is served by having him locked away.

4/ as a deterrent to others. This is the tricky one. On one hand the publicity that other soldiers in similar situations can expect sentences up to 5 years might be reminder enough, on the other it sets a precedent – what if the next guy is also a decorated soldier? What if he’s active but not as feted? A discount tariff based on heroness?

This last one is the one I’m uneasy about, the other 3 I can accept as reason enough to give a very lenient sentence.

Whilst i can see why people think this case is different from others but the law should [MUST}be applied equally to all.

In this case it has not and I dont think it was in his original sentence either.
Both are lenient because of who he was/what he represented rather than what he had done

You could argue the same with Gary McKinnon case. There was an interesting discussion on R4 a few weeks ago.

The same arguments could be applied to almost any criminal.

ended all chance of active duty again.

I doubt it. Just because he’s been in the sun, it won’t stop him going on ops in afghan or elsewhere.
Like it or not, these guys have a high level of trust placed in them. They are able to legally handle and when necessary carry firearms in the uk and abroad. He wasn’t going out to rob a bank or kill a rival gang member, which is the intention of most criminals possessing firearms. Yes, he was wrong. Yes he should be punished but imprisonment will serve no purpose as he had no criminal intent (as the police stated).
I once new a chap who found a cart of PE4 in his jacket after a day on the dems range. He threw it in a skip!

Hi sentence was harsh though. Thug yobbos with black marks on their record get off lighter than he was sentenced for.

So thick yobbos with a criminal record found in possession of an illegal gun with all that ammo get less than what he did 😯
As the minimum sentence guideline is 5 years could you give me lots of example please of when this has happened?

I bet the rozzers and wigs wouldn’t be quite so understanding if I accidentally leave a few cartridges and a shotgun laying around when they come to check my gun safe.

If this fella did have a few hundred rounds and a handgun laying around then he’s been criminally stupid. If anyone ought to know better then he should.

Sorry but public hoorah because he’s a hero he is doesn’t overcome being a **** when it comes to stuff that can kill people.

I doubt it. Just because he’s been in the sun, it won’t stop him going on ops in afghan or elsewhere.

More a case of how much medical evidence they’ve given about his coma, memory loss etc – not exactly conducive to military service.

The ammo hoarding is the inexplicable part, wtf was he going to do with it? I know they’re sneaky beaky types, but I don’t think they should be rocking up on tour with armour piercing rounds in their pockets. As many point out on ARRSE, if he was a normal bod he’d still be in. Even if you bring stuff back by accident, you are still at fault through failure to check your kit properly.

I doubt it. Just because he’s been in the sun, it won’t stop him going on ops in afghan or elsewhere.
Like it or not, these guys have a high level of trust placed in them. They are able to legally handle and when necessary carry firearms in the uk and abroad. He wasn’t going out to rob a bank or kill a rival gang member, which is the intention of most criminals possessing firearms. Yes, he was wrong. Yes he should be punished but imprisonment will serve no purpose as he had no criminal intent (as the police stated).
I once new a chap who found a cart of PE4 in his jacket after a day on the dems range. He threw it in a skip!

Tell me again, wasn’t there a squaddy who murdered his missus with an AK not long ago. As other squaddies have pointed out, soldiers are no less likely to go on a killing spree just because they’re in the SAS.

He wasn’t going out to rob a bank or kill a rival gang member, which is the intention of most criminals possessing firearms.

How’d you know he’s not going to brass someone up for money French Alps style? What other reason is for their to be having .338 lying round without permission other than to blow someone’s guts out at range who’s wearing body armour. Pretty **** overkill for deer shooting if you ask me.

I’m sure many other squaddies would like a Glock to plink with in their back garden without intending to **** up the day of some inner city crip with it. I wonder how they’d fare in court if they weren’t SAS. I bet the nutters at RM Poole are laughing their balls off at what they probably see as the ‘unprofessional SAS’ being allowed to take so many explody thing’s back home, then getting in trouble for it and exposing the regiment to further mass media coverage and derision.

Most of that ammo was frangible was it not? Hardly suitable for a rampage. I also doubt he’s going to sneak his sniper rifle out of camp to go with the .338.
From what I understand rm Poole have very little basis to point fingers at Hereford for lack of professionalism either.

I’m glad he’s out.

As has been said, scumbags in every city get lesser sentences for greater crimes, and the knock on effect to the family certainly serves no purpose.

Given that part of his defence was based on mental incapacity, I think it will be hard for him to get back on active service.

As has been said, scumbags in every city get lesser sentences for greater crimes,

It’s been said yes.

Doesn’t make it true though does it 🙄

I’m surprised non of the middle aged overweight posh coffee drinking wood burning stove owning blade shaving German car of choice driving middle management IT bods have explained how it wouldn’t have happened in their day yet 😉

Wasn’t this just so he could tell his next employer he already had some tools?

“As has been said, scumbags in every city get lesser senteinces for greater crimes,” but like so much that has been said in support of Nightingale this is simply untrue.He got less than half the sentence a person of good character committing a less factually serious form of this offense would receive.

I don’t hold any ill will to him personally and am aware that the court of appeal had previously held that exemplary service in the SAS could be taken to mitigate a much less media friendly crime, but this appeals success does not fit easily with the law or the actual facts of the case.

Normally to succeed the court would have to form the view that the sentence was “manifestly excessive” or that the judge failed to take account of a relevant factor or taken account of an irrelevant factor. From reading the transcript of the proceedings I can’t see that the Judge Advocate can be criticised in that way . I look forward to seeing how the Court of Appeal justified this.

Given that part of his defence was based on mental incapacity, I think it will be hard for him to get back on active service.

Au contraire, the military have no qualms about using people, its what they do.Only when you are of no further use do you become ‘useless.

There are many ex-service people who are trying to regain their health after ‘serving’ in the forces. Their business is training killers, make no mistake, this does require mental adjustment. The after effects are not their concern, as many can testify.

Trial by social media. It’s the future.

what he said, can’t believe he got let out.

Also waiting to hear the justification.

Given that part of his defence was based on mental incapacity

maybe they should transfer him to the para’s so he would fit in better?

maybe they should transfer him to the para’s so he would fit in better?

overqualified, politics beckons–UKIP ?

Crankboy – I would guess that it would be an argument over the due weight to be gfiven to exceptional circumstances – I’d be quite worried about the advice he got from his lawyer though, as the guideline says no reduction for a guilty plea, which may be relevant…

Regardless, I think I would have been arguing that the firearms act has no relevance here, as the pistol and ammunition was obtained and retained in his capacity as a crown servant, and he has remained one throughout, therefore although he may have been in breach of standing orders, it was an army disciplinary offence and nowt to do with the 5 year minimum sentence.