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Suspended sentence for possessing imitation firearm with intent (1 December 2014)

Date: 01/12/2014
Duncan Lewis, Crime Solicitors, Suspended sentence for possessing imitation firearm with intent

Burnley Crown Court has spared a woman jail, after she was convicted of waving a pistol at the landlady of a local pub at Haslingden, in Rossendale, Lancashire.

Local publisher the < ahref="http://www.rossendalefreepress.co.uk/news/local-news/woman-who-waved-air-pistol-8183291">Rossendale Free Press reports that 45-year-old Karen Balding – a mother-of-three – waved the pistol at the landlady of the Holden Arms, Karen Shawcross, leaving her “in shock” and “frozen to the spot”.

Burnley Crown Court heard that Balding – of Mercer Street in Haslingden – had gone to the pub with the air pistol, an imitation firearm, with the intention of acting as peacemaker between her partner Lee Barrett and Roy Pickavance, the partner of Ms Shawcross.

The court was told there was animosity between Barrett and Pickavance following a breakdown in a business relationship. Mr Barrett had returned home “quite angry and under the influence of alcohol” after seeing Mr Pickavance and Ms Shawcross at the pub on 23 February.

Mr Barrett asked Balding to drive him back to the pub so he could “have it out” –
he was holding a baseball bat and the air pistol, the court heard.

Balding told him that it would be a bad idea and removed the items from him. However, she placed the baseball bat in the car boot and the pistol in her pocket – for some reason “only known to her”, the court was told.

Mr Barrett started walking back to the pub, but Balding caught up with him in the car, trying to head him off. She arrived at the pub before her partner and spoke with Mr Pickavance outside, before Ms Shawcross also came outside.

Balding felt that Ms Shawcross and several other people from the pub had all “piled outside” and were “having a go” at her, the court was told.

Balding brandished the air pistol to try and get them to back off, the court heard.

The weapon was later recovered by police from Balding’s garage.

Balding’s defence lawyer told the court she was “deeply regretful” about her actions – and continued “to punish herself” as a result.

“She initially left her address to act as nothing more than a peacemaker – fearing further confrontation; and endeavoured to reach the pub before Mr Barrett to bring matters to a calm and sensible conclusion,” the court was told.

“It unfortunately descended into a scene of confrontation.”

Balding pleaded guilty to possessing an imitation firearm with intent to cause violence. She was given a three-month prison sentence – suspended for 12 months – and ordered to pay £300 costs.

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