Theft of gun adds 5 years to burglar's jail sentence

Published on Thursday 21 July 2011 17:33

A MAN was jailed for four months for breaking into a house - and given five years because he unwittingly stole a gun.

Guy Whitelaw, 28, found the key to a safe after he entered the property and discovered a cash box. He added the box to his haul of loot and fled.

When he opened the box, he was "horrified" to find that it contained a small revolver, and immediately realised that he could be jailed for five years for having the weapon. His fear proved correct yesterday, as a judge rejected claims that there were exceptional circumstances to reduce the sentence.

Lord Woolman told Whitelaw: "You knew what you were doing was wrong and you must take the consequences. The policy of the law is to deter any unauthorised person from possessing firearms."

The woman, 63, who owns the house will have taken a keen interest in the case - she is facing possible prosecution over the gun, and the same five-year sentence.

She cannot be named, while the Crown considers taking proceedings against her for possessing a prohibited weapon.

Whitelaw, also known as Guy McCall, of Forres, Moray, admitted breaking into the woman's detached house in Moray on 19 March and stealing a variety of items, including 1,600 of jewellery, 1,700 in cash and the US-manufactured Harrington and Richardson seven-shot revolver. He also pleaded guilty to a breach of the Firearms Act, by possessing a prohibited weapon.

The advocate-depute, Alison Di Rollo, told the High Court in Edinburgh that the woman went shopping on a Saturday morning and returned to find a disturbance, where a key to her safe had been taken and the safe opened.

"It had contained a cash box within which was what is described as an old revolver which belonged to her late husband. She describes it as 'really small' and says that she had effectively forgotten it was there," said Ms Di Rollo.

Whitelaw, who had concealed the gun in his garden, was said to appear "anxious" that if he was to face prosecution for possession of the gun, the householder should also face proceedings if they did not have a permit for it.

"I was actually thinking about just handing it into the police station ... but I thought it would put me to the crime house ... so I just thought I'll bury it.", he was reported as saying.