North Devon dad wins appeal against sentence in unlawful guns and bullets case
A NORTH Devon dad jailed for possessing an unlawful shotgun, air rifle and expanding bullets "for sentimental reasons" has been freed after judges at London's Court of Appeal slashed his sentence.
Dean Eric Truby, 44, of Norley Road, Knowle, was jailed for 12 months at Exeter Crown Court after he admitted having a firearm and shotgun without certificates in November. He also admitted possessing ammunition without a certificate and having bullets designed to expand on impact.
Senior judges upheld an appeal and cut his sentence to five months – which means he has served half his sentence and is eligible for immediate release.
Mr Justice Nicol said police executed a search warrant at Truby's home in March last year, and discovered an uncertified air rifle and ammunition. The air rifle, found in the attic, was inoperative but could have been easily fixed to fire, the judge said.
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Truby surrendered an uncertified double-barrelled shotgun and illegal expanding bullets to police a few days later. The shotgun was again inoperative but only needed a replacement firing pin to work.
Truby told police he had bought the air rifle in 1995 and had a certificate for it until 2001 when the weapon was stolen. But he failed to add the gun to his firearms certificate again when he managed to buy it back on the black market.
He admitted never having a certificate for the shotgun, which he said was bought by a family member in 2006.
Truby, who had no previous convictions, said he should have handed in the weapons and bullets earlier but kept them for "sentimental rather than criminal reasons".
On appeal, Truby's lawyers argued his sentence should be cut because of its impact on his two teenage sons, for whom he is the sole carer.
Mr Justice Nicol, sitting with Lord Justice Leveson and Judge Michael Stokes QC, upheld the appeal and cut Truby's sentence by seven months.