Burglars 'took the chance' when they broke into shotgun-holder's home: judge
A judge today defended a homeowner who shot two burglars, saying the thieves “took the chance” when they broke into his isolated cottage.
Tracey and Andy Ferrie were arrested by police and held for 40 hours after Mr Ferrie shot two burglars who broke into their home.
Joshua O'Gorman (left) and Daniel Mansell who were both jailed for four years Photo: PA
By Sam Marsden
2:52PM BST 26 Sep 2012
Andy Ferrie fired his shotgun at Joshua O'Gorman and Daniel Mansell after confronting the masked raiders in the kitchen of his house.
Jailing the burglars for four years, Judge Michael Pert QC said they could not expect a shorter sentence because of the injuries they suffered.
The judge told the pair: “If you burgle a house in the country where the householder owns a legally-held shotgun, that is the chance you take.
"You cannot come to court and ask for a lighter sentence because of it."
O’Gorman, 27, and Mansell, 33, who have a string of previous convictions between them, pleaded guilty to breaking into the home of Mr Ferrie, 35, and his wife Tracey, 43, in Welby, near Melton Mowbray, in the early hours of September 2.
The couple were arrested and held in custody for 40 hours on suspicion of causing grievous bodily harm after Mr Ferrie called police to tell them he had fired his shotgun at the intruders, Leicester Crown Court heard.
Andrew Frymann, mitigating for O’Gorman, said that being shot was like a “near-death experience” for which his client was not prepared. The burglar’s injuries have left him with blurred vision in his eye, severe pain and problems with his balance, the hearing was told.
However, responding to the barrister’s suggestion that O'Gorman was traumatised by the experience, Judge Pert said the arrest of Mr and Mrs Ferrie was just as severe. "Some might argue that being arrested and locked up for 40 hours is a trauma," he said.
Mr and Mrs Ferrie, who were not in court today because they are out of the country, were later told they would not face criminal charges. Prosecutor Alan Murphy said Mr Ferrie locked and secured the couple’s farm cottage before going to bed as normal on the evening of September 1.
He and his wife were woken by banging coming from downstairs and decided to investigate. Mr Murphy said: “On their way down Mrs Ferrie took hold of the couple's lawfully held shotgun and gave it to Mr Ferrie.
"They went downstairs and described seeing three males in the hall or kitchen area wearing some kind of face covering. "One of the males, suspected to be Mr O'Gorman, was about to reach into a drawer in the kitchen which, they were aware but he probably was not, held a number of knives, as can be expected in a kitchen.
"As a result of that, Mr Ferrie fired his shotgun. Mr O'Gorman was hit in his face, Mr Mansell in his hand. The burglars fled without actually being able to steal anything."
Mr Ferrie immediately called the police, who arrested him and his wife as well as alerting staff at nearby Leicester Royal Infirmary to be on the watch for anybody who turned up with shotgun injuries. O’Gorman arrived at the hospital at about 2am and was arrested, as was Mansell when he presented himself at around 7am.
The prosecutor said the men planned the burglary because they were told nobody would be at home and that there was a substantial amount of drugs and cash in the house. Both claims were entirely incorrect, he told the court.
Mr Murphy told the court that Mansell was released from prison in May last year after serving part of a six-year sentence for wounding with intent. In total, his criminal record consisted of eight previous convictions involving 19 offences.
O'Gorman had 16 previous convictions involving 27 offences, many for dishonesty and driving offences. Mansell and O'Gorman, both of no fixed address, appeared in the dock wearing grey sweatshirts and showed little emotion as the judge spoke
A scar from the gunshot wound was clearly visible on the right side of O'Gorman's face and Mansell had his right arm in a sling.
