Airgun teacher is freed from prison by judges

#1
Glad to see some common sense was applied to the case.

A teacher who was jailed for firing an air pistol during a confrontation with the gang of youths she blamed for vandalizing her home was freed by the Court of Appeal yesterday.

Linda Walker, 48, had her six-month prison term set aside and she was granted a conditional discharge.

However, the judges refused her permission to challenge her convictions for affray and the possession of a firearm with intent to cause fear of violence.


The special needs teacher, from Urmston, Greater Manchester, exchanged smiles with relatives as Lord Justice Rose, Mr Justice Gibbs and Mr Justice Stanley Burnton announced their decision.

Later, on the steps of the Royal Courts of Justice, she thanked all those who had been calling for her freedom.

Walker was jailed on March 29 after a jury at Manchester Crown Court heard that she fired at the pavement while confronting teenagers one evening last August.

The clash followed incidents in which she and her family received abusive telephone calls, had their garden shed broken into and their car and garden vandalized.

But no evidence was produced to prove that any of the youths had been involved in the vandalism.
torygraph
 
#2
Good, but she should never have been jailed in the first place.

How come the rozzers managed to charge her with having a firearm ? it was an air gun NOT a firearm ?
 
#3
An airgun IS a firearm in British law, since it is a "lethal barrelled wpn", and "lethal" is defined as "capable of causing more than a trifling injury", which is itself defined in secondary legislation (Home Office Guidance) as being 1J muzzle energy.
 
#4
Stoatman, i have seen women firing pingpong balls out their p*$$y with more than 1J muzzle energy.

Could that be deemed a potentially lethal weapon? :wink:
 
#5
stoatman said:
An airgun IS a firearm in British law, since it is a "lethal barrelled wpn", and "lethal" is defined as "capable of causing more than a trifling injury", which is itself defined in secondary legislation (Home Office Guidance) as being 1J muzzle energy.
If an airgun was a firearm you would need a firearms licence to have one and you don't. Therefore an airgun is just that an airgun.

An airgun that produces more than 12flbs at the muzzle is deemed a firearm and then you would need a licence.

The airpistol the woman used was an airpistol that did not require a licence.

Surely you cannot charge someone with a firearms offence if they didn't have a firearm ?

edited to add: The 1J rule is applied to the airsoft air wpns .....if it is under 1J then it is not even an airgun but classed as a toy.
 
#6
Armourer, there's an exemption from licencing for air rifles <12ftlb & air pistols <6ftlb. But they're still classed as firearms. It's in the 1968 Firearms Act.

Softair guns are "toys" because they're under 1J ME, anything over that is classed as a firearm.
 
#7
Fair enough.
 

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