Imagine being some random Joe Bloggs, reading a case you know nothing about in some free rag, and then coming to the conclusion that the judge made a mistake. Imagine how little difference your ignorance makes to anything to do with the case, or the people involved, or anyone you know, or anyone you don't know but you've mentioned it to, maybe by way of a post on a forum. Imagine how futile it's all been.
Anyway, you take care and have a great day! xx
Magistrates courts generally have legally untrained lay magistrates presiding over cases supported by a clerk. 'Judges dont sit in magistrates
Magistrates courts decisions in other recent matters deemed racially aggravated have been overturned on appeal (Grenfell bonfire effigy for example).
The lowest/easiest to prove public order offence in England is detailed in section 5 of the public order act which says that a person is guilty of an offence if they 'display any writing sign or other visible representation which is threatening or abusive within the sight or hearing or anyone likely to be causes harassment, alarm or distress'.
Section 5 of the Public Order Act 1986 can be racially aggravated under section 31 of the Crime and Disorder Act 1998 but the all the parts of the non racially aggravated bit have to be proved before the parts for racial aggravation.
The sending of a banana certainly isn't, in of itself threatening, and its rather a stretch to say that alone it's abusive sign or representation either.
What it clearly is, at best, is a very bad taste racist 'prank'. I don't think many would beleive the defendants claims in this case.
I would not be surprised however if the case was overturned, if appealed, based on the higher courts interpretation of what counts as 'abusive'.
If think what most galls people is the complete indifference from the police to far more serious matters than this (attributed to lack of resources).
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