A Margate man’s serious medical condition and delay in getting his case into court, have saved him from an immediate jail term.

Police found a sawn-off shotgun and cartridges in the attic of Alan Buckley’s home when they executed a search warrant in November, 2006.

But he wasn’t charged until September, 2007, and didn’t appear in court until February, 2008.

He appeared at Canterbury Crown Court having admitted possessing a shortened shotgun without a firearms certificate and was sentenced to 12 months, suspended for two years, with 12 months supervision and a condition he engages with an education, training and employment officer.

Buckley, 36, of Philip Corby Avenue, Margate, sat in court in his wheelchair as Judge Michael O’Sullivan described him as vulnerable because of his physical disability which resulted from an accident some years before and left him in constant pain.

Judge O’Sullivan said it seemed as if Buckley had been preyed on by someone else who left the gun at his home and said the delay in bringing the case to court was “wholly unacceptable.”

“Criminals use vulnerable people to assist them in their activity and it must be known that those who have a disability cannot be left to think they will not go to prison for a serious offence such as this,” said Judge O’Sullivan.

“But this case is exceptional because of the delay which was not of Mr Buckley’s making.”

Although the gun barrel had been shortened, it had not been shortened enough to put it in the category of a prohibited weapon, said James Bilsland, prosecuting.

Buckley’s DNA was found on the trigger and trigger guard and he told police he was looking after it for a friend.

Deborah Charles, for Buckley, said the weapon had been left by another man and it was tucked away in the attic with the ammunition and there was no evidence of the gun being used.

Buckley knew he had been an idiot to agree to it but he wasn’t embroiled in some underworld activity.

He led rather cloistered life being housebound and Miss Charles suggested that perhaps those more criminally minded saw his home as a safe haven.