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8:18am Friday 3rd July 2009 in
ARMED police swooped on a busy Southampton shopping street after reports that a man was brandishing a handgun, a court heard.
Officers wearing bulletproof vests arrested Zachary Lowe as he emerged from a betting shop in Shirley High Street.
They forced him to lie face down on the ground, handcuffed and searched him, finding a plastic toy gun. Lowe claimed it had been a joke and he had intended giving it to a friend. But Southampton Crown Court was told that Lowe had produced the gun from a pocket in front of a driver who had just parked his car.
Lowe had walked past the car, stopped a couple of feet away and pulled the gun from his left pocket. Driver Michael Budd told jurors: “He shook it about waist height by his side. There was no conversation. He stood there for about a couple of seconds and then put the handgun back into his pocket.”
Mr Budd said Lowe did not make any threat but it made him feel “anxious”.
He phoned the police and armed officers swooped to arrest Lowe as he left Ladbrokes. Lowe accused Mr Budd of waving to him to pass behind his car as he crossed the road but then reversed sharply.
He claimed he had pointed his finger at him and Mr Budd had laughed.
Lowe told the court: “I don't know what came over me.
“Without thinking I took out the gun out of my pocket, swung it horizontally and then put it away. It was never my intention to make him think I was going to use it or do any violence. It was a joke.”
Lowe, of Waterloo Road, Southampton, admitted possessing an imitation firearm in a public place and was bailed for sentence on July 24. He denied possessing the firearm with intent to cause fear of violence and was acquitted within 15 minutes.
Comments(24)
Georgem
says...
9:03am Fri 3 Jul 09
Bassett Boy wrote:You'd probably all be up on charges of impersonating a police officer, too. As for cowboys and indians, well, the race-relations mob would have something to say about that. Thank god today's kids stick to safer games like glue-sniffing and dealing drugs, eh!
I'm due for life imprisonment then!!
As a kid we used to quite often play "cowboys & Indians" or "Cops & Robbers"
Always had a "relica firearm" (as the PC brigade call it now!) and you used to AIM it at PEOPLE and pretend to kill them!!
Good job kids don't play those games now, the courts would be so full of cases of "possessing an imitation firearm in a public place" that there wouldn't be any time left to prosecute motorists!
Hazle Nutt
says...
9:11am Fri 3 Jul 09
Bassett Boy wrote:You should have been working for Mr Lowe's defense team, I bet they never though of the 'I was just playing Cops and Robbers' excuse, claiming that the police are unable to tell the difference between a child's game and possession of an imitation firearm.
I'm due for life imprisonment then!! As a kid we used to quite often play "cowboys & Indians" or "Cops & Robbers" Always had a "relica firearm" (as the PC brigade call it now!) and you used to AIM it at PEOPLE and pretend to kill them!! Good job kids don't play those games now, the courts would be so full of cases of "possessing an imitation firearm in a public place" that there wouldn't be any time left to prosecute motorists!
Georgem
says...
9:32am Fri 3 Jul 09
Shoong
says...
9:55am Fri 3 Jul 09
Bassett Boy wrote:I can see what your saying but this lad hardly qualifies as a kid & unfortunately since the more innocent times of our childhood gun crime is through the roof, so everyone is on edge.
I'm due for life imprisonment then!!
As a kid we used to quite often play "cowboys & Indians" or "Cops & Robbers"
Always had a "relica firearm" (as the PC brigade call it now!) and you used to AIM it at PEOPLE and pretend to kill them!!
Good job kids don't play those games now, the courts would be so full of cases of "possessing an imitation firearm in a public place" that there wouldn't be any time left to prosecute motorists!
goard
says...
10:17am Fri 3 Jul 09
Ozmosis
says...
10:19am Fri 3 Jul 09
Ozmosis
says...
10:20am Fri 3 Jul 09
Georgem
says...
10:21am Fri 3 Jul 09
Shoong wrote:I partially agree with your sentiment. The guy isn't a kid playing cops and robbers, no. But surely wasting public money on pursuing this particular case is in nobody's interests? The police these days seem far too reluctant to back down, to recognise a non-case when they identify it. Had he pointed a replica gun at the motorist and threatened him, that would be another matter. But he didn't. What happened was, a gun was spotted, armed police were - quite rightly - deployed, and the force did not want to admit that this was just a silly prank and leave it at that. So the pursue a ridiculous case as far as they can. As long as this sort of reaction remains commonplace, common sense can never return, and we will remain forever "on edge". Time was when the armed police, upon finding the gun was just a toy, would've breathed a sigh of relief, the guy would have been given a stern talking-to by a burly sergeant, and that would be an end of it.
Bassett Boy wrote:I can see what your saying but this lad hardly qualifies as a kid & unfortunately since the more innocent times of our childhood gun crime is through the roof, so everyone is on edge.
I'm due for life imprisonment then!!
As a kid we used to quite often play "cowboys & Indians" or "Cops & Robbers"
Always had a "relica firearm" (as the PC brigade call it now!) and you used to AIM it at PEOPLE and pretend to kill them!!
Good job kids don't play those games now, the courts would be so full of cases of "possessing an imitation firearm in a public place" that there wouldn't be any time left to prosecute motorists!
Andy Locks Heath
says...
10:28am Fri 3 Jul 09
greystonesben
says...
11:06am Fri 3 Jul 09
Georgem
says...
11:20am Fri 3 Jul 09
greystonesben wrote:Straw man, Ben: it wasn't a replica gun, it was a plastic toy. Not the same thing.
Not so sure I would agree with the sentiment of many on here. Yes you could view it as a childish joke, but my view is why is a man old enough to bet carring a replica fire arm?
Cant believe no one has noticed he entered a bookies with a replica fire arm. To me, that spells potential attempt at an armed robbery.
People are quick to jump on the band wagon of carrying a knife and rightly so, however, carrying a replica fire arm into a bookies to me seems a little more than a 'joke'. He will be lucky if people believe his story about giving it to a mate. He probably bottled it or heard sirens before he intended to use it.
freemantlegirl2
says...
11:33am Fri 3 Jul 09
Georgem wrote:Carrying an imitation fire-arm is a weapon, was it a pink water pistol then?? could anyone at a distance know the difference?? Careless at best, frightening for someone at worst... yes they were right to pursue it but I don't think he should have been acquitted, what sort of message does it send out? that it's ok to go waving a gun around. Ask the parents of those children killed in Dunblane whether they think it's ok, you can bet there's no toy guns in that town!
greystonesben wrote:Straw man, Ben: it wasn't a replica gun, it was a plastic toy. Not the same thing.
Not so sure I would agree with the sentiment of many on here. Yes you could view it as a childish joke, but my view is why is a man old enough to bet carring a replica fire arm?
Cant believe no one has noticed he entered a bookies with a replica fire arm. To me, that spells potential attempt at an armed robbery.
People are quick to jump on the band wagon of carrying a knife and rightly so, however, carrying a replica fire arm into a bookies to me seems a little more than a 'joke'. He will be lucky if people believe his story about giving it to a mate. He probably bottled it or heard sirens before he intended to use it.
There are two things at play here. One is whether the police reaction was correct, and the other is whether following through with a prosecution and a court case is worthwhile. But unless it was some brightly coloured water pistol or something, it's probably safe to assume an armed response was appropriate. But since then, it has been ascertained to be a toy, and unless they can actually prove he intended to, for instance, hold up a jewelers shop, this is just the police being afraid to look stupid, and pursuing a case beyond where it's necessary. IMHO, if he really was intent on robbing someone with it, he wouldn't be careless enough to be waving it about in public beforehand.
Georgem
says...
11:40am Fri 3 Jul 09
Carrying an imitation fire-arm is a weapon, was it a pink water pistol then??
yes they were right to pursue it but I don't think he should have been acquitted, what sort of message does it send out? that it's ok to go waving a gun around
Everyone knows in this day and age it's inappropriate and bordering upon mad, or should us mums turn up in Iceland and start waving a few plastic guns around? Joke?? if your elderly father or mother had keeled over in fright, would you be quite so keen on it?? i don't think so!
Georgem
says...
11:42am Fri 3 Jul 09
Andy Locks Heath
says...
11:46am Fri 3 Jul 09
Georgem
says...
11:53am Fri 3 Jul 09
StarFyreKyss
says...
2:59pm Fri 3 Jul 09
Georgem wrote:I agree with Georgem & Andy.
Carrying an imitation fire-arm is a weapon, was it a pink water pistol then??
It was a plastic toy gun. Read the story.
yes they were right to pursue it but I don't think he should have been acquitted, what sort of message does it send out? that it's ok to go waving a gun around
He was convicted of possessing an imitation firearm, but acquitted of intent to cause fear and violence. Read the story.
Everyone knows in this day and age it's inappropriate and bordering upon mad, or should us mums turn up in Iceland and start waving a few plastic guns around? Joke?? if your elderly father or mother had keeled over in fright, would you be quite so keen on it?? i don't think so!
But they didn't. Read the story. And drop the "what-ifs".
As long as people continue to believe that every single stupid thing anybody does should be pushed as far as the legal system will allow, we'll continue in this downward spiral until we're an army of good little conformist voter-citizens. No harm was actually done here, why bother with a court case? Frivolous. Ten years ago, we'd have laughed at this
wilson castaway
says...
4:32pm Fri 3 Jul 09
Georgem
says...
4:56pm Fri 3 Jul 09
wilson castaway wrote:Sounds reasonable enough. At the time of incident, you probably haven't got the luxury of deciding whether or not there's actually a risk.
if anybody came into my shop and held any sort of weapon towards my direction, joking or not I would hit the panic button, its just not funny, and many toy guns do look quite realsitic even from a few steps away.
SotonLad
says...
5:55pm Fri 3 Jul 09
Georgem wrote:It would have been the CPS that took this case to court, not the police
greystonesben wrote: Not so sure I would agree with the sentiment of many on here. Yes you could view it as a childish joke, but my view is why is a man old enough to bet carring a replica fire arm? Cant believe no one has noticed he entered a bookies with a replica fire arm. To me, that spells potential attempt at an armed robbery. People are quick to jump on the band wagon of carrying a knife and rightly so, however, carrying a replica fire arm into a bookies to me seems a little more than a 'joke'. He will be lucky if people believe his story about giving it to a mate. He probably bottled it or heard sirens before he intended to use it.Straw man, Ben: it wasn't a replica gun, it was a plastic toy. Not the same thing. There are two things at play here. One is whether the police reaction was correct, and the other is whether following through with a prosecution and a court case is worthwhile. But unless it was some brightly coloured water pistol or something, it's probably safe to assume an armed response was appropriate. But since then, it has been ascertained to be a toy, and unless they can actually prove he intended to, for instance, hold up a jewelers shop, this is just the police being afraid to look stupid, and pursuing a case beyond where it's necessary. IMHO, if he really was intent on robbing someone with it, he wouldn't be careless enough to be waving it about in public beforehand.
SotonLad
says...
5:57pm Fri 3 Jul 09
Georgem wrote:It would have been the CPS that took this case to court, not the police
Shoong wrote:I partially agree with your sentiment. The guy isn't a kid playing cops and robbers, no. But surely wasting public money on pursuing this particular case is in nobody's interests? The police these days seem far too reluctant to back down, to recognise a non-case when they identify it. Had he pointed a replica gun at the motorist and threatened him, that would be another matter. But he didn't. What happened was, a gun was spotted, armed police were - quite rightly - deployed, and the force did not want to admit that this was just a silly prank and leave it at that. So the pursue a ridiculous case as far as they can. As long as this sort of reaction remains commonplace, common sense can never return, and we will remain forever "on edge". Time was when the armed police, upon finding the gun was just a toy, would've breathed a sigh of relief, the guy would have been given a stern talking-to by a burly sergeant, and that would be an end of it.Bassett Boy wrote: I'm due for life imprisonment then!! As a kid we used to quite often play "cowboys & Indians" or "Cops & Robbers" Always had a "relica firearm" (as the PC brigade call it now!) and you used to AIM it at PEOPLE and pretend to kill them!! Good job kids don't play those games now, the courts would be so full of cases of "possessing an imitation firearm in a public place" that there wouldn't be any time left to prosecute motorists!I can see what your saying but this lad hardly qualifies as a kid & unfortunately since the more innocent times of our childhood gun crime is through the roof, so everyone is on edge.
SotonLad
says...
6:01pm Fri 3 Jul 09
Andy Locks Heath wrote:It would have been the CPS that took this case to court, not the police
There is also a craze for huge brightly coloured "ray-gun" water pistols used by kids and adults alike for innocent fun. Are you suggesting that if I buy one in Makro and some old person in the car park sees me carrying it out and keels over because they think it's actually an AK47 and I'm about to go beserk I am guilty of manslaughter??...... ..no no that's not a straw man you're putting up Freemantlegirl that's a whole b*****y haystack! I might equally say that an armed police response unit pouncing on a small child playing with a toy gun would traumatise that child for life, yet that small child could actually be a killer indoctrinated by fanatics. So now what? The police have to apply circumstance and judgement, not just dumb proscribed action.
SotonLad
says...
6:01pm Fri 3 Jul 09
Georgem wrote:It would have been the CPS that took this case to court, not the police
wilson castaway wrote: if anybody came into my shop and held any sort of weapon towards my direction, joking or not I would hit the panic button, its just not funny, and many toy guns do look quite realsitic even from a few steps away.Sounds reasonable enough. At the time of incident, you probably haven't got the luxury of deciding whether or not there's actually a risk. Point is, once the police had ascertained there was no risk, they decided to pursue a court case anyway, at great expense, rather than apply some common sense
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Bassett Boy says...
8:38am Fri 3 Jul 09
As a kid we used to quite often play "cowboys & Indians" or "Cops & Robbers"
Always had a "relica firearm" (as the PC brigade call it now!) and you used to AIM it at PEOPLE and pretend to kill them!!
Good job kids don't play those games now, the courts would be so full of cases of "possessing an imitation firearm in a public place" that there wouldn't be any time left to prosecute motorists!