SGT Danny Nightingale

Discussion in 'Current Affairs, News and Analysis' started by DieHard, Nov 29, 2012.

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  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. Ditto, that will lead to appeals against about 20 years' worth of firearms offences prosecutions....
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  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.
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  4. What are the grounds for appeal, does anyone know?

  5. 'Cos he's SF?
  6. Speshull!
  7. Gun in house, unlicensed so do your ****ing bird.

    You ***** 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.
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  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?
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  10. 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.
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  12. 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. 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.