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Old 23rd January 2015, 11:55 AM
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Brian.Samson Brian.Samson is offline
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Join Date: Jun 2009
Member of: Pontefract, Doncaster Airgun Range
Location: Doncaster
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Originally Posted by rogb View Post
Brian there is no defence in court. As Ray myself and others have said the offence is absolute. Unless you can get the court to agree that the test was flawed then the case stands.

Al you can hope for with any defence is how much mitigating circumstances affect your sentence.

As for the bloke wanting to throw his baby in the canal, he needs his arse kicking
I'm not explaining myself very well I know (and I don't have the time at the moment to type a long explanation)

But yes - the point I'm putting forward is that in some circumstances the fact you have AT fitted with the backing of the proof house, that you do have a good defence against the testing procedures of a Forensic testing company. (The defence being that the forensic test for the prosecution is flawed)

What I'm not saying is that if you have a gun putting out 12.1fpe then you've got a defence - you haven't.

But if you've got a gun doing 11.2fpe with reasonable tests (i.e. a selection of pellets) without making alterations to the gun, that a testing company found to be capable of over 12 (if they made alterations to the gun) then you would have a very good defence in court if you have AT fitted.

The defence being to cast doubt on the validity of the forensic companies testing procedure - backed up by an expert witness from the Proof house.

Last edited by Brian.Samson; 23rd January 2015 at 12:00 PM.
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