A MAN who bought a £5 stun gun to protect his girlfriend, who was being harassed on her way home from work, has been jailed.
Kamin Blonski, 22, had no idea the weapon, disguised as a torch, was a prohibited weapon, when he purchased it from the website wish.com.
Judge Simon Medland QC, sentencing, said the exceptional circumstances of the case allowed him to draw back from imposing the statutory minimum term of five years.
However he jailed Blonski, of Queensgate, Nelson, for 11 months saying possession of the weapon was so serious it must be marked by an immediate jail term.
Blonksi wept in the dock and his partner sobbed from the public gallery as Preston Crown Court heard how a sentence of 12 months or longer would see the Polish national deported.
Laura Barbour, defending, said her client had come to England at the age of 12 and had completed his education and worked full time since leaving school, paying taxes and contributing to society.
“His family is here, he has no life in Poland - this is where he lives, this is his home’” she said.
At around 2pm on July 6 2019, police were contacted by a member of the public who had heard the crackling of a taser on an area of wasteland near Lancaster Gate, Nelson.
They went to the scene to find Blonski sitting on a wall with a backpack.
When asked what he had in his bag, Blonski admitted he had a small amount of cannabis for personal use and the stun gun, which he had taken out to test and put back in its box in his bag.
He said it had arrived in the post earlier that day and he had taken it to an area away from houses to test.
Nicola Carroll, prosecuting, told the court: “It is a potentially lethal weapon. These devices have volts which if discharged can be fatal.”
Ms Barbour told the court Blonski had no idea the stun gun was illegal when he bought it from China, given it was so easily purchased at such a low price from wish.com.
She said: “Facing you in the dock is 22-year-old man who is a man of good character who bought something from a mainstream website motivated by the protection of his girlfriend.”
She said he was unable to leave his own work to meet his partner and accompany her home but realised he should have spoken to someone in authority about the unwanted attention she was suffering.
She added: “He is a genuinely decent young man, clearly motivated to avoid offending in the future.”
Judge Simon Medland QC, sentencing, said applying the minimum five year sentence would be “disproportionate and arbitrary” given the exceptional circumstances of this case.
He added: “The item was bought in plain sight from a publicly accessible website with no knowledge of its unlawfulness.
“It had never been used in anger, no-one was inconvenienced or threatened by it when it was being tested and you made immediate candid and full admissions at the first opportunity.
“Although I don’t apply the minimum term it is plain to me that the seriousness of this case does warrant a custodial sentence.
“In my judgement an immediate sentence is called for.”
The judge said he took into account the personal consequences of a custodial sentence, his guilty plea and his good character when handing down the sentence.
He ordered forfeiture and destruction of the stun gun and ordered Blonski to pay a statutory surcharge.
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