A man found with an illegally-held firearm and ammunition after police searched his house while carrying out a welfare check on others has been spared immediate prison.
Officers went to the West Cumbrian home of Scott Foster at 5.15am on April 24 as part of an unconnected matter.
Foster, 33, was obstructive as they described being concerned for the welfare of people inside the property, and refused them entry. However, police forced their way inside through a rear door and detained him to prevent a breach of the peace.
Carlisle Crown Court heard today that officers then found air rifle ammunition in a cupboard, along with a gas-powered Weihrauch air weapon, pellets and cartridges, inside a camouflaged gun case.
Foster, of Mountain View, Harrington, was said to have used the air weapon and ammunition to shoot rats and other pests on an allotment.
But he was banned from possessing such items for five years having previously been given a prison sentence of three months-plus.
He admitted unlawfully possessing the air weapon and ammunition, along with illegal cannabis possession and assaulting an emergency worker.
That was a police officer attempting to place Foster into a caged vehicle after his arrest whom he tried to head-butt before kicking in the shin.
The court was told Foster had previous offences on his record for copycat air weapon and ammunition possession offending. His latest crimes were committed only weeks after post-sentence supervision had expired.
The court also heard how a brain injury Foster sustained as a child had significantly impacted his life. This had led him to abuse both alcohol and drugs at times of stress and anxiety.
However, he had recently become a father, had the chance to gain work as either a scaffolder or landscape gardener, and was keen to work with the probation service in order to stay alcohol and drug-free. His barrister, Kim Whittlestone, said of the latest incident: “He should have reacted differently. He didn’t. He apologises for that.”
Recorder Kate Bex concluded that she was just persuaded to suspend a 16-week prison sentence for 12 months. Foster must complete rehabilitation work, a 120-day alcohol abstinence monitoring requirement and a 60-day night time curfew. He must also pay the police officer he assaulted £50 compensation.
