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Judge says sorry as he jails OAP for five years for firing 'souvenir' WWII pistol
Last updated at 00:22am on 09.02.08
Victor Bowden: Shot the windscreen of a neighbour's car after he was woken by loud music
Victor Bowden, 65, had been driven to desperate measures by a two-and-a-half year battle over her constant partying and loud music, a court heard.
In the early hours of the morning, he took the gun, a wartime souvenir that had belonged to his stepfather, and fired it through the windscreen of his young neighbour's car.
Today, he is beginning a prison sentence after a judge said he regretted that he was required by law to impose the lengthy term for his "foolish" act - even though the neighbour herself had pleaded for leniency.
"Regrettably, despite all the research we have done, there is no justification for any sentence other than the minimum five years in this case," Judge Robert Brown told him.
Labour introduced a mandatory minimum five-year term for anyone caught with a firearm in public in a bid to clamp down on rising inner-city shootings, many involving drugs gangs.
By contrast, Bowden lives in the fishing port of Fleetwood, Lancashire, where he had been locked in a dispute with his neighbour, Karen Potter.
Preston Crown Court heard the retired security guard had been driven to distraction by the loud music and late-night parties at her home.
WWII souvenir: The pistol had belonged to his stepfather
He had complained to the local council, although not to police.
On October 18 last year, shortly after 3am, he fetched the wartime self-loading pistol, aimed it out of an upstairs window, and fired it through the windscreen of her parked car.
She went outside to investigate and found the glass shattered and a bullet embedded in the dashboard, the court heard.
Police were called and found Bowden in his back garden where he had hidden the gun - a German-made 7.65mm Sauer and Sohn - in a plant pot.
He later pleaded guilty to possession of an illegal firearm and having the gun while committing an act of criminal damage.
Miss Potter wrote to the court asking for leniency for her neighbour.
"I feel that he should be punished, but I don't ask that he go to prison," she said. "I just wish he had come and spoken to me before this happened."
Following the row, Bowden had moved to live with his mother, who is suffering from cancer, the court heard.
However, the judge said he had no choice but to pass the minimum sentence, which applies in all apart from "exceptional" cases.
He told Bowden: "You had become exasperated, and perhaps reasonably so, by the music coming from your neighbour's house in the early hours of the morning.
"Maybe because you had had some beer, on this particular night that exasperation became too much for you, and you decided to make some noise of your own."
Jailing him for five years for the firearms offence, with a further year to run concurrently for the criminal damage, he said he was taking into account the circumstances leading up to his "foolish act".
Afterwards, Det Con Mark Kelsall, of Fleetwood CID, said: "Bowden's behaviour was irrational and frightening, and although nobody was in the street when he discharged the firearm, his neighbours were understandably very upset and scared by the incident."
Reader views (8)
Here's a sample of the latest views published.
Ludicrously long sentence. Frightening too that judges have no flexibility over the term even when the circumstances are nothing like what was envisaged when such a minimum duration was introduced.
- Hobbs, London, UK
You lot are joking right?
The guy, whilst intoxicated; discharges an illegally possessed full bore fire arm into a car from an elevated position without complete knowledge as to whether any one was actually in the vehicle. Justification? "upset about a noisy neighbour".
Bizarrely some of you think the girl who car he's shot up is the guilty party.
This is a man who has displayed an irrational response to provocation, is willing to use firearms to extract revenge and demonstrates limited consideration for the consequences of his actions (to him or others).
If in this guy's opinion a noisy neighbour warrants a bullet in the car lord only knows what miniscule level of "provocation" he considers warrants a bullet in the head.
5 years (probably out in 2) is absolutely right given the circumstances.
seriously folks
illegally held live weapon
irreponsible/unstable owner
The longer he's out of harms way the better.
- Dan, London
Here in Bath, in an unprovoked attack, a yob recently beat a man almost to death and possibly ended his successful career as an RAF pilot. The man in question had a history of violence and troublemaking. The yob got two years.
- Charles, Bath, UK
Am I missing something here? He had an illegal weapon, for which he also had ammunition and he fired it in the street. I'm sorry but he should go to prison. If he was 30 years younger everyone would be moaning about 'lawless Britain' and demanding a longer sentence. He is old enough to know this kind of behaviour is unacceptable and face the consequences of his actions.
- Clare, London
Typical of the way the law is going in this country. The victim gets far less consideration than the perpetrator. Ms Potter should be the one serving a custodial sentence or at least doing community service. Instead she will probably receive £500,000 for stress syndrome. The law is becoming a total ass!
- Michael, London
I wonder how many people who (rightly) say that this sentence is ridiculous, would also support manatory minimum sentences for posession of weapons by "yobs"?
Mandatory sentencing and "zero tolerance" are bad ideas, no matter how tempting they might seem at times. You can't have one set of laws for feral kids, and another for pensioners.
There is no subsitute for allowing the courts to make the right decision based on the facts of the case.
The judge didn't want to send this man to prison, but he had to due to a bad law made by headline-grabbing "tough on crime" politicians.
- Tim, London
The law and the police were inflexible asses, as all too often.
- Richard, London, UK
Typical some old geezer who lets off some steam after much provocation gets 5 years, when a child abuser who repeatedly offends gets nothing.
- Nick Johnson, Gold Coast Australia
