Downpatrick man given three-year jail sentence for having sawn-off gun

Downpatrick man given three-year jail sentence for having sawn-off gun

20 January 2016

A DOWNPATRICK man who bought a shotgun in a bid to take his own life was given a three-year jail sentence at the local Crown Court on Monday for firearms offences.

However, Christopher John Digney (34), of Struell Heights, walked free from the court after Judge Brian Sherrard ruled that he had spent sufficient time 

in custody while on remand to warrant his release.

Digney had pleaded guilty to possessing the sawn-off shotgun without a firearm certificate and ammunition in suspicious circumstances.

The gun and nine shotgun cartridges were found in a van along with an imitation gun and a balaclava during a search at Digney’s former home on October 29, 2014.

The court was told that Digney bought the shotgun two days earlier for £600 for the purpose of taking his own life.

However, it was found to be in such poor order that it may not have been capable of being fired. One expert who inspected it suggested it may have been 200 years old. It was unloaded and was of a different bore to the cartridges found along with it.

The court heard that Digney was going through personal difficulties at the time, including the breakdown of the relationship with his partner, who had prevented him from taking his life on a previous occasion.

That court was also told that while on remand in custody Digney pretended to be a diabetic in order to try to kill himself with insulin.

The three-year sentence imposed by Judge Sherrard comprised 11 months in custody followed by 25 months on licence. Because Digney had served 337 days in custody on remand, the judge ruled that he should walk free from court.

The minimum sentence for the offences was normally one of five years. However, Judge Sherrard said that to impose such a sentence would be “arbitrary and disproportionate.”

He said Digney was not a “dangerous risk to society,” though he was at a “medium risk of reoffending in the future”, and regarded him as a “man of previous good character.”

The judge said he took the view that the shotgun was an antique and “of very little practical use”.

At an earlier court the Crown prosecutor, Ms Laura Ivers, said the shotgun was found to be a “poor condition overall, adding there was no evidence to suggest any of the items found had been used for criminal offences.

Mr Eugene Grant QC, defending, said Digney had been suffering from depression and had suicidal thoughts.

Mr Grant said Digney’s intention was to take his own life. He purchased the weapon only to discover that he couldn’t fire it due to its condition, meaning he had “effectively bought a dud.”

Mr Grant said that since his arrest Digney had sought treatment for his depression and suicidal tendencies.

Mr Grant also told the court there was “no sinister purpose” for the balaclava, as it was part of the protective clothing Digney wore for industrial cleaning work.