Cadet base gun thief has sentence reduced

A thief who was jailed for stealing guns from an army cadet base has succeeded in having his eight year sentence reduced by appeal judges.

Sean Barclay, 28, stole weapons from the centre in Newport on Tay after climbing in through a smashed window in May 2018.

Barclay, who had once been a cadet at the same facility, then got away with a haul of firearms which included three training rifles which he planned to sell.

Barclay received his sentence after pleading guilty to theft and two firearms charges before judge Lord Arthurson at the High Court in Glasgow.

Lord Arthurson handed Barclay a three year sentence for the theft charge and a five year sentence for the firearms charge. He ordered that the sentences on Barclay ran consecutively.

Lawyers for Barclay, also of Newport on Tay, went to the Court of Criminal Appeal in Edinburgh to argue that the sentence imposed on Barclay was excessive.

On Friday, appeal judges Lord Turnbull and Lord Brodie agreed with the submissions made by Barclay's legal team and imposed a 24 month sentence for the theft charge.

It means Barclay will now serve a seven year sentence.

In a written judgement issued on Friday, Lord Turnbull wrote: "The appellant relies on the totality principle and submits that the overall sentence imposed was one which the trial judge ought to have recognised as excessive.

"We are satisfied that there is some force in the submissions which were presented in support of this ground of appeal and we shall give effect to it."

During proceedings at the High Court in Glasgow, Lord Arthurson heard how a staff sergeant discovered that there had been a break in at the cadet base on May 9 last year.

A window had been smashed, a door forced open and three training drill purpose rifles, dummy rounds and five gun slings were missing.

A total £100 in cash as well as a rucksack had also been taken.

The court heard that two months later, police moved in at flat which belonged to a sister of one of Barclay's fringes.

Prosecutors told the court that officers found a map which showed a trail containing distinctive bends. Detectives then compared it to ordnance survey maps of north east Fife.

They were able to follow the directions taking them close to Inverdovat Farm in Newport on Tay.

After driving down a quiet, single track road, police went into woods and found the guns in a camouflage bag. Officers then discovered Barclay's DNA on the weapons and he was arrested and brought to court.

Lawyers for Barclay told the appeal judges that the sentence imposed on their client was excessive. They argued that although Barclay had a "lengthy" record of offending, it was for non analogous offending.

The lawyers told the appeal court that in the circumstances, the sentence should be reduced.

The appeal judges agreed and cut the sentence by 12 months.