A FORMER police officer who admitted possessing a CS gas canister after he had resigned from the force has avoided a jail sentence.
But a judge told Christopher Mottershaw, 23, that if the canister had not been empty he would have sent him to prison.
Mottershaw, of Orchard Close, Darwen, had been committed for sentence for possession of an offensive weapon.
Ian Mercer, prosecuting, told Preston Crown Court that Mottershaw joined Lancashire Constabulary in March 2004 and served at Accrington before being transferred to Darwen.
He was required to resign from the force on January 2006 and as a routine course his equipment was collected.
The following month his partner told police she had something to give them and handed over the CS gas canister. Mottershaw said he had thrown it away believing it to be empty.
When interviewed, he accepted he had brought the canister home from his place of work to show his girlfriend.
Mr Mercer said the canister had been examined and it was empty apart from remnants of CS gas. The date had expired.
Ken Hind, defending, said Mottershaw's whole world had collapsed and he had been depressed.
He was in financial difficulty with loans of £20,000 and planned to go into the insurance industry.
Mottershaw's fiancee was in court and they had rebuilt their lives together.
Mottershaw was sentenced to 175 hours of unpaid work.
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