Maidstone Crown Court, where Donaldson's case was heard

by Keith Hunt

A convicted criminal caught with a stun gun disguised as a mobile phone at his home has escaped a mandatory five-year jail sentence after a judge found there were exceptional circumstances.

Leslie Donaldson was instead locked up for a total of 18 months after admitting possessing a firearm when prohibited and producing cannabis.

The discovery was made when police went to the 59-year-old father's home at The Paddock, Hadlow, in November last year with a search warrant for unrelated matters.

Officers seized seven cannabis plants and found the stun gun in a drawer. It was charged but there was no charger with it.

Judge Jeremy Carey said it emitted a light and was capable of causing any person it was aimed at "considerable discomfort - disabling them in all probability".

Donaldson told police it did not work. "In fact it did," the judge continued at Maidstone Crown Court. "His explanation is he used it as a torch when his car broke down."

"the suggestion (the stun gun) was being used as a torch is simply not credible" – judge jeremy carey

Cameron Scott, defending, said his impression of Donaldson was that he was an articulate and well-spoken gentleman, who unfortunately had a long criminal record.

He had a history of cannabis use but stopped taking it four years ago. The plants found at his house were to "assist" his partner who suffered from debilitating seizures after a road traffic accident.

"It is controlled by the use of cannabis," said Mr Scott. "It was for that purpose the cannabis was grown. This firearms offence is very much out of character."

Judge Carey said although Donaldson was described as a gentleman, he had an appalling criminal record and lived outside the law.

He was not impressed, he said, by the explanation for having the stun gun, adding: "The suggestion it was being used as a torch is simply not credible."

Donaldson was liable for a minimum five-year sentence because he had previously being jailed for 42 months for dishonesty.

But the judge said he had reached the conclusion that there were exceptional circumstances for not imposing the longer sentence.

"In that respect, he has a partner who is debilitated by ill-health," he said. "She has serious and chronic seizures."

He added: "The offence has to be marked by an immediate custodial sentence. You took a risk in retaining this item."