POSSESSION of a shotgun disguised as a walking cane would usually land a person with an immediate prison sentence but one man has had a lucky escape.

David Jefferson found the weapon, along with two other shotguns, in his elderly mother’s loft after he moved back in with her following the breakdown of his marriage.

The 61-year-old, who was already a registered shotgun licence holder, found himself in court after failing to register or hand over the weapons as soon as they were discovered hidden away.

His delay almost cost him his liberty after police were called following reports of an argument between Jefferson and his former partner which resulted in officers search his new address in east Cleveland, on Saturday, November 16 last year.

Teesside Crown Court heard how Jefferson discovered the weapons on a Friday afternoon, which he believed belonged to his late father, and planned to hand them into police on the following Monday but his plan was derailed by the arrival of the police on the Saturday.

Jonathan Walker, prosecuting, said the weapons – a double-barrelled shotgun, a single-barrelled shotgun, and the disguised shotgun – were found in a canvas bag in the defendant’s bedroom and live ammunition was discovered in his vehicle.

Jefferson, of Catherine Street, Lingdale, near Saltburn, pleaded guilty to a charge of possession of a disguised firearm, and two charges of possession of a shotgun without a certificate.

In mitigation, Michele Turner, said her client’s only failing was not alerting the authorities immediately but had decided to hand them in after discussing the situation with friends he had been out shooting with on the Saturday morning.

She said he made full admission, adding: “He didn’t want anything to come back on his mother as technically they were in her possession.”

Calling on the judge to pass a suspended sentence, she added: “He doesn’t present a danger to the public in any way, shape or form; an immediate custodial sentence would be disproportionate.

“It would be catastrophic to this particular defendant if that was to happen.”

Judge Jonathan Carroll told Jefferson the usual starting point for a disguised firearm was a five year prison sentence.

"The circumstances which you came into possession of these weapons are highly unusual," he said. "It's a very fine line between you possessing them and you merely holding them having discovered them in circumstances outside your control with the view to acting lawfully and handing them in.

"You had no ammunition compatible with the cane-disguised firearm, it was capable of being fired and you did not possess any appropriate ammunition for it."

Jefferson was given a 16 month sentence, suspended for 12 months and ordered to carry out 100 hours of unpaid work.