A DUMBARTON man who let off a firearm disguised as a torch at a busy junction near the centre of the town was “stunned” to learn he faced a minimum five-year sentence for the crime.

Richard Deery discharged the illegal stun gun at the Barloan Roundabout in the course of a row with others on May 15 last year.

Deery, 36, of Townend Road, appeared for sentencing at the town's sheriff court on Thursday.

He had pleaded guilty at a previous hearing to behaving in a threatening or abusive manner likely to cause others fear or alarm by threatening violence, brandishing a stun gun and wilfully discharging it, causing it to emit sparks.

At Thursday's hearing Deery's solicitor, Roddy Boag, tried without success to persuade the sheriff that there might be enough reason not to impose the lengthy jail term.

Mr Boag said: “Parliament has indicated the minimum sentence of five years is required.

“Within the public perception, while they would know something is a prohibited weapon they would not appreciate what they were walking into.

“He was somewhat stunned when I told him he would be looking at a minimum sentence of five years.

“He is a person with a good relationship and good family connections – the relationship is of some five years' standing, and his partner is pregnant.

“He's trying to set up a business in relation to dog breeding.”

Sentence on Deery – who had also admitted possession of a firearm disguised as another object without legal authority – had been deferred to allow social workers to prepare a background report.

Mr Boag said his client had had problems with alcohol in the past – referred to in the social work report – but that he had worked hard to cut down on his drinking.

“He felt that the comments in the report about his alcohol misuse were more historical than it would appear,” Mr Boag continued.

“The court can take account of the entire contents of the report in determining whether he presents a substantial risk.”

But Sheriff Maxwell Hendry pointed out that a full background report would not in itself pass the test of 'exceptional circumstances', and said he was not persuaded that he could avoid the minimum jail term laid down by Parliament.

Sheriff Hendry told Deery: “First, I recognise that when you purchased this item you were wholly unaware that possession of it was an offence for which Parliament made a very specific provision, of a minimum five-year prison sentence, unless there are exceptional circumstances relating to you or the offence.

“Clearly Parliament had in mind that an offence such as this was an extremely serious matter, and that any sentence should act as a deterrent to you and to others.

“The courts have held that 'exceptional circumstances' means that something has to be completely out of the ordinary in order to justify not imposing that minimum sentence.

“I cannot find anything which is exceptional.

“You bought this item in the knowledge you should not have it, with a willingness to use it if the circumstances justified it, and you went on to use it, because you decided, wholly wrongly, that the circumstances did justify its use.

“I consider myself bound by the law to impose a sentence of five years' imprisonment.”