The British SAS catch all

[jmm99]

in going from a capital crime down to a lower felony, drawing in this case a $12,500 fine and 5-years probation. I haven't tried to find the sentencing transcript, where I expect the judge laid out the legal reasons for the sentence.

My approval of the sentence was not legalistic - some would say my belief is totally simplistic. We send these young men and women into bad places and worse situations. So, we have to take care of them. I don't ask anyone else to agree with me.

Regards

Mike

[Fuchs]

Past achievements must never influence a sanction for illegal behaviour. You cannot accumulate legal goodwill that way. There's no rule of law if you could / can, for law simply doesn't recognise accumulated goodwill.
It only recognises jail time served innocently as accumulated goodwill, and only so to some extent.

I don't think bringing back some minor booty should be a major offence at all, depending on how it was acquired (battlefield pick-up of a Makarov being no problem, taking a golden Saddam gun from a pile of already captured guns is another thing).

[jmm99]

from Fuchs
Past achievements must never influence a sanction for illegal behaviour. You cannot accumulate legal goodwill that way. There's no rule of law if you could / can, for law simply doesn't recognise accumulated goodwill.
It only recognises jail time served innocently as accumulated goodwill, and only so to some extent.

in a subject matter area that tends to be dreary.

You don't know how funny this really is.

Regards

Mike

[davidbfpo]

An update, one that I know causes some controversy within the UK military:

Despite his conviction being quashed at the Court of Appeal, military prosecutors intend to hold a re-trial. A preparatory hearing is scheduled at the Military Court in Wiltshire on May 1st to commence this process and Danny will plead not-guilty.

Link:http://dannynightingale.org/

Oddly the outline of the case only refers to the pistol found, not the rather large amount of ammunition - which I have yet to see an explanation for.

Yes, there is an appeal for donations.

[carl]

David:

338 rounds of pistol ammunition is not a large amount of ammunition. 7 boxes gets lost in most people's garden shed. If it was loose it would get lost in the little drawer in the kitchen where you put things you don't know where else to put. Shoot, 200 rounds is just a good afternoon's practice.

[davidbfpo]

Carl,

I agree that:

..338 rounds of pistol ammunition is not a large amount of ammunition...

He may have a good excuse for the gifted pistol being forgotten, but the ammunition there is no explanation to date. It is that big gap that those UK military I spoke simply could not accept, to the extent of dismissing his entire case.

[davidbfpo]

From the BBC:

The Medical Board of the British Army said Sgt Danny Nightingale should be discharged on medical grounds after suffering brain damage in 2009. A judge ordered the retrial of the 38-year-old from Crewe, on Wednesday.

Link:http://www.bbc.co.uk/news/uk-england-22387128 and on the re-trial:http://www.bbc.co.uk/news/uk-england-22370943

Interesting comment by Sally Nightingale:

Danny belonged to one of the finest Regiments in the world because he is a fighter. Although he is obviously upset that his career is over, we'll get it through together and once the Court Martial is over, start his re-integration to civilian life. A bigger question for me is how the Service Prosecuting Authority felt able to say repeatedly during the Court of Appeal proceedings that Danny had been certified fit for duty when it is clear that the opposite was in reality the case.