Exminster yachtsman jailed for boat gun

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Tuesday, March 02, 2010
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This is Exeter

YACHTSMAN Nicholas Tomory has been jailed after police found a sawn-off shot gun  on his boat which he kept for  protection against pirates.

Tomory, 56, of Exminster,  had a mandatory sentence of  five years reduced to 12 months  by Judge Graham Cottle yesterday after hearing why Tomory had the illegal weapon.

The defendant admitted unlawfully possessing a pump-action, smooth-bore gun with a  barrel length shorter than 24in,  on October 24 last year.

 UK Border Agency officials  found the weapon after raiding  Tomory’s boat VX Acora, a  commercial vessel, that was  anchored at Brixham Harbour  while it underwent repairs.

Judge Cottle told the court:  “There was a sawn-off shot gun  on a boat in Brixham Harbour  that no one knew about.”

Mitigating Mary McCarth said Tomory was a man of previous good character who educated his son at home.

She explained that it was  common place in the yachting  community for sailors to carry  weapons onboard to protect  themselves without certificates. She said customs had  tightened measures in 1997  after the Dunblane massacre.

She added that Tomory, who  runs a boat building business,  planned to sail to the South  Pacific and that it was one of his  ambitions to do so.

The court was told that having a weapon onboard for protection against bandits and pirates was considered sensible in  certain international waters.

Mrs McCarth: “There was no  criminal purpose or intention  for the weapon to fall into criminal hands.”

The court heard Tomory  came into possession of the shot  gun 20 years ago when he disarmed a man at a party in Bristol who was waving it about in a  provocative and violent manner.

 Ms McCarthy said Tomory  had never got the weapon to  work and was going to get rid of  it.

 Judge Cottle told the defendant: “It is not acceptable that  you should be moored in Brixham Harbour with a sawn-off  shot gun on your boat.

 He ordered that the weapon  be forfeited and destroyed.

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