A LANDSCAPE gardener caught with a stun gun disguised as a torch, has avoided a mandatory five year prison sentence after a judge found there were "exceptional circumstances".

Scott Close, 34, of Michael Mead, Chesterton, Cirencester, bought the weapon "on a whim" from a website based in the Netherlands, Gloucester Crown Court was told.

The weapon was discovered when a customs officer intercepted a second torch with a stun gun facility that had been posted to Close.

This led to police raiding Close's home on December 12 last year, the court was told.

Close showed them the stun gun that he had placed in the back of a cupboard drawer and was "fully co-operative," said prosecutor Janine Wood.

"The police armourer tested the weapon and it created a white arc and a crackling sound," she told the court.

The armourer had researched the item on the internet and found a similar device advertised as "one of the most powerful on the market," she added.

Representing Close, Charles Row, said that there were some areas of his client's work that made him feel vulnerable.

"He also worked as a road gritter at night and would encounter some 'characters'," said the barrister.

"He had been looking for a robust security torch on the internet when he came across this one with a stun facility. He bought it knowing it was a stun gun, but he was unsure if it was illegal."

Mr Row went on to say that Close had tried the stun gun when it arrived and "he was frightened by it and didn't know what to do with it."

That was why he hid the stun gun at the back of discreet drawer in a cabinet.

"It was a naive and silly mistake," said Mr Row.

In relation to the second stun gun intercepted by customs, it was accepted by the prosecution that on this occasion Close did not know it was a stun gun and ordered it as a torch.

Mr Row told the court that "there was no risk to the public whatsoever."

The judge, Recorder Adam Vaitilingam QC, told Close: "People should receive deterrent sentences for this offence, but rarely have I seen such powerful personal mitigation."

The offence of possession of a disguised firearm carries a mandatory five year minimum prison sentence, unless there are exceptional circumstances.

The court was told that as well as caring for his four children, Close also helps to look after an older and disabled relative, and that he employs four men who are dependent upon him for their livelihood.

Close had no previous convictions and the Judge described him as having "positive good character."

Close was sentenced to two years custody suspended for two years with requirements to complete a Thinking Skills Programme, to engage with a probation worker for 30 days and to complete 100 hours of unpaid work for the benefit of the community.