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  1. ITV Report

Eighty eight year old freed after legal error over illegal possession of shotgun

A man in his eighties who was jailed for 2 years for illegally possessing a shotgun has been freed after serving just 18 days.

It's emerged that the gun was classified incorrectly meaning the wrong sentencing guidelines were used.

Earlier this month Roy Delph who lives near Downham Market was sentenced to two years at Norwich Crown Court. The nature of the charge meant the judge had to jail him

He'd been using his shotgun to shoot vermin on a piece of land he owns when the police spotted the weapon on the passenger seat of his car.

Now his sentence has been suspended and the 88 year old great grandfather is home much to the relief of his wife Jacqueline.

Jacqueline Delph Credit: ITV News Anglia

I'm glad he is home and so is he. it should never have happened.

– Jacqueline Delph

Mr Delph's family know he did break the law. They say he's been punished enough and want to know exactly what mistakes were made and why.

In a statement the Crown Prosecution Service told ITV News Anglia

Mr Delph's defence counsel has taken primary responsibility for the error in classifying the firearm but the prosecution should also have noticed the error. The CPS will be looking into it.

– Crown Prosecution Service

Click below to see Matthew Hudson's report