SGT Danny Nightingale

DieHard

LE
Book Reviewer
#1
Today is when he is having his appeal heard.
Good luck lets hope that common sense prevails and your at home with your family at the end of the day.
 
#2
Today is when he is having his appeal heard.
Good luck lets hope that common sense prevails and your at home with your family at the end of the day.

Ditto,

.....as that will lead to appeals against about 20 years' worth of firearms offences prosecutions....
 
#3
WTF are they appealing?

He pleaded guilty, so they can't appeal that.

This leaves the sentence. Similar civilian cases have averaged 4 years.

I'd laugh If they increased it.





This is a message on behalf of the sensible party. Dingerr approves this message.
 
#7
Gun in house, unlicensed so do your ****ing bird.

You cnuts tickle me, if he'd had been a tankie or sloppy he'd have been ripped to bits on here, PTSD or not either some rotten **** of an ex blade tore a young bird in half with an AK47 proffed from Granby, utter bollocks.
 
#8
I would imagine it would centre around the fact that he didn't bring the weapon into the country. It was amongst his kit in theatre and was boxed up with the rest of that kit on his behalf and sent back to him by others (as he had left theatre early). He possesses the weapon, of that there is no doubt, nothing to do but plead guilty to that. But the circumstances behind how he came to be in possession and whether he knew he was in possession (i.e., having boxes still in his garage / up at the squadron that he had not unpacked yet), I imagine that those are the grounds of appeal.
 
#9
Possession of a firearm, possession of over 100 rds 9mm, AP rds, 7.62 rds, 5.56 rds, all in a box, in a cupboard, in his house. The girl who bubbled them knew about them, as did his housemate so I doubt the defence of 'oh, how did that get there?'

The judge did him a favour here, 18 months soldier on. He has been retained in the army and will have a job when he gets out - as opposed to discharge and any likelyhood of getting a job disappearing with something like that on his criminal record, any vetting or clearance he had would be gone. His wife will be entitled to a quarter and all the benefits of still being in the Army.

He pleaded guilty, sensibly as the offence is absolute; there are no defences, only mitigation and would've been looking at a sentance of at least 5 years imprisonment, discharge, and no job prospects. During the summing up the Judge asked Sgt Nightingale whether he thought a SAA instructor should be in the business of hoarding ammo and what he thought the dangers of a large amount in a civilian house were. And he admitted his faults (all open source, judiciary website).

Whatever is being appealed against christ knows, but the whingers and hand-wringers should realise that the Army has done right by him, accepted his sacrifice and skill and passed the correct sentence. Just because he's SF he's not entitled to a get out of jail free card, the moment we do that then the fairness of the MCJS falls apart and the Courts Martial system will collapse.
Would Pte F*cknuts 1 R CRAPSHIRES received the same leniency?
 
#10
It was amongst his kit in theatre and was boxed up with the rest of that kit on his behalf and sent back to him by others
So I assume the "others" will get hauled in for smuggling weapons into the country, or perhaps their defence is that they did not recognise a handgun and shit load of ammo of various sorts.

That of course is if the collection of other ammunition he had was from Iraq and not magpie'd throughout his distinguished service, in which case it shoots holes in his claim that he forgot about a large box that had been packed for him and never once thought "I wonder what is in there".

So the case is either he is saying his muckers sticthed him up without his knowledge or the other ammunition he collected out of theatre mysteriously found it's way into a box along with a firearm he knew nothing about and then forgot about everything.

Just heard his wife moaning n the radio, the poor sod can't wear a watch so he doesn't know what time it is. FFS are we talking about some other sort of SAS here? Must be a new phase of SERE training they conduct at Credenhill, white noise and stress positions have nothing on taking your watch away, next it will be the comfy chair.

Why does he need to know the time anyway, he can't exactly remember what it is he is late for.


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#11
He****ed up, he got caught.

End of chat. Fact.
 
#12
WTF are they appealing?

He pleaded guilty, so they can't appeal that.

This leaves the sentence. Similar civilian cases have averaged 4 years.

I'd laugh If they increased it.





This is a message on behalf of the sensible party. Dingerr approves this message.
Yes you can.

A legitimate ground of appeal is that he was given bad advice by his counsel/solicitor. IIRC there was some discussion that he pleaded guilty on advice that if the charge was defended he may wind up with a more lengthy sentence should he be found guilty.

The more likely ground of appeal would be that the sentence imposed was excessive given all of the circumstances. I would have thought that there was plenty of those to argue.
 
#13
I still don't understand the appeal. You can't just appeal because you didn't like the first result and think you might have better luck next time.

You have to have grounds that something was faulty at the original hearing or that the sentence was disproportionate.

So what's he saying:'I pleaded guilty by mistake'?

I hope he's not asking them to review his sentence because it can only go up to somewhere approaching normality.
 
#14
No, a possible ground could be that, "I pleaded guilty on my "briefs" advice and that advice was faulty". However, it is never a strong ground of appeal (just ask some of the death-row inmates in the US whose state-appointed lawyers were either so incompetent or actually fell asleep during the trial and they still couldn't win an appeal on that ground) and I would doubt that it would be run.

Far more likely is that there was a mistake in law as to sentencing, that the judge failed to give sufficient weight to factors A, B, C.......etc.
 
#15
I still don't understand the appeal. You can't just appeal because you didn't like the first result and think you might have better luck next time.

You have to have grounds that something was faulty at the original hearing or that the sentence was disproportionate.

So what's he saying:'I pleaded guilty by mistake'?

I hope he's not asking them to review his sentence because it can only go up to somewhere approaching normality.
AFAIK he is claiming that he was instructed to cop a plea by counsel, when he should have fought his corner as he reckons he had grounds.

We'll find out soon enough if anyone agrees.
 
#16
http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/nightingale-proceedings-0607112012.pdf

JUDGE ADVOCATE: Sergeant Nightingale would you please stand? I am going to put the charge sheet to you again and re-arraign you on Charges 1 and 2 and I am going to ask you then respectively to each charge whether you plead guilty or not guilty.
This is a charge sheet in the court martial that you, the accused, 24951951 Sergeant Danny Howard Nightingale, The Duke of Lancaster’s Regiment, a non-commissioned officer of the regular forces who is charged as follows:’ that charge sheet being signed by C M J Barnett MBE, Colonel, Prosecuting Officer on the 6th October 2012, and the first charge is:
COMMITTING A CRIMINAL OFFENCE CONTRARY TO SECTION 42 OF THE ARMED FORCES ACT 2006 NAMELY POSSESSION OF A PROHIBITED FIREARM CONTRARY TO SECTION 5(1)(aba) OF THE FIREARMS ACT 1968 In that you on or about the 16th day of September 2011, had in your possession at your Substitute Single Service Accommodation address 1 x Glock 9mm Pistol serial number FZF745.

JUDGE ADVOCATE: Now do you plead guilty or not guilty to that charge?
DEFENDANT: Guilty your honour.
JUDGE ADVOCATE: The second charge is:
COMMITTING A CRIMINAL OFFENCE CONTRARY TO SECTION 42 OF THE ARMED FORCES ACT 2006 NAMELY POSSESSION OF AMMUNITION CONTRARY TO SECTION 1(1)(b) OF THE FIREAMS ACT 1968
In that you on or about the 16th day of September 2011, had in your possession at your Substitute Single Service Accommodation address items listed in the Schedule below:
SCHEDULE
122 x 9mm live rounds of ammunition
40 x 7.62mm live rounds of ammunition
50 x 9mm frangible rounds of ammunition
50 x 338 armour piercing live rounds of ammunition
2 x .308 live rounds of ammunition
74 x 5.56mm live rounds of ammunition
Do you plead guilty or not guilty to that charge?

DEFENDANT: Guilty your honour.

JUDGE ADVOCATE: All right, please be seated.
JUDGE ADVOCATE: Sergeant Nightingale please stand. Now Sergeant Nightingale, we have listened most carefully to your counsel, Mr Winter, and taken into account the excellent character reference from your Commanding Officer and the medical evidence from Doctor Young...

Now turning to the offence; you shared accommodation with another soldier who has already been dealt with for not dissimilar offences. As a result of information your house was searched and you were found to be in possession of a Glock automatic pistol along with a substantial amount of 9mm ammunition as well as armour piercing rounds. These were found in a cupboard under the bed in your home that was no tin any way secure as very often you were away on your duties.

We have considered the matter of dangerousness under section 219 of The Armed Forces Act 2006 but do not consider you come within this category. However, parliament has decreed that in relation to Charge 1, that a minimum period of 5 years imprisonment is mandatory unless there are exceptional circumstances. In this regard I can tell you that we accept that you received the pistol legitimately and originally planned to deactivate it but never got around to so doing.

With regard to the ammunition, we are concerned that a Senior Non-Commissioned Officer of your experience, being a Range and Training Officer thought it right to effectively hoard ammunition. You would have known the rules and there is a clear obligation on those who come into possession of prohibited firearms and ammunition to comply with the law.
I don't see how he could've gotten anything better out of the trial?
 
#17
As stated previously I've met several people, near venomous in his defence, who have radically altered their opinion when the extent of the buckshee collection is laid before them. The amount of ammunition involved and it's variety is a 'fact' notably lacking from every press report of the proceedings I've read.
 
#18
As stated previously I've met several people, near venomous in his defence, who have radically altered their opinion when the extent of the buckshee collection is laid before them. The amount of ammunition involved and it's variety is a 'fact' notably lacking from every press report of the proceedings I've read.
Why let the facts get in the way of an Outrage Bus outing?
 
#19
Please don't tell me they presented that list of ammo as evidence.

I'd have that ****** dismissed on a technicality.
 
#20
Please don't tell me they presented that list of ammo as evidence.

I'd have that ****** dismissed on a technicality.
REME bloke at 1 RHA went down for 5 years for the "Contents of his garage". I had to type the 252s and read them out to him. This was in the days before computers. It took me 4 hours. I hope he's dead now.
 

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