To think this shouldn't result in a prison sentence

[Codie22345]

I've read that idiot who showed the picture of that poor little boy at the football match is facing jail. Showing that picture was incredibly cruel, nasty, spiteful and many other things. That poor boy suffered with cancer and his family lost him so young.
However I do not believe this man should go to jail for showing the image. He rightfully deserves to be named and shamed, cautioned, possibly banned from future matches. But I don't understand why he should be going to prison over it.

@DonnaBanana

FFS a bit over the top.

extreme football hooliganism

I'm not convinced that's why he lost the job at all. The company put out a statement to say that he hadn't been employed by them for some time. So unless I have missed a story about another employer (quite possible) I think it's more likely he was already unemployed at this point

I don't support sending people to prison for being twats, although perhaps instances like this one are a good argument for bringing back the stocks.

He said in his police interview he “found it funny”.

I’m sure he’ll be looking over his shoulder for a long time to come.

I don't understand the world today either, to be honest. People sexually abuses children and beat up women and are spared jail, leaving the courts grinning, while people mock dead children or shoplift and they end up in jail. Not that the latter is acceptable but come on?

Yesterday they were looking for a child rapist who disappeared while out on a free. He was called "extremely dangerous to children and women" and still was let out without a guard. This while some silly woman who stole for the tenth time from shops was thrown in jail? And the drunken yob showing a photo of a little dead boy. To me jail should be used to protect society from dangerous offenders with actual victims, not as a tool to re-educate idiots.

@Nat6999 thanks for the update. That's a good start!

nice orange jumpsuit & some rubbish/dog poo picking up in town centres would be good!

He may be already on a licence? Previous convictions etc

You don't know his history....do you?

Fear or provocation of violence.

(1)A person is guilty of an offence if he—

(a)uses towards another person threatening, abusive or insulting words or behaviour, or

(b)distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting,
with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.
(2)An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is distributed or displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.

(3)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.

He did it at a football match, which is most definitely an attempt at provocation - and he's plead guilty because there was no way around it.

Sentencing guidelines from https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/disorderly-behaviour-with-intent-to-cause-harassment-alarm-or-distress-racially-or-religiously-aggravated-disorderly-behaviour-with-intent-to-cause-harassment-alarm-or-distress/

A – High culpability:

• Targeting of individual(s) by a group
• Sustained incident
• Use of substantial force
• Substantial disturbance
• Production of weapon
• Missiles thrown

B – Lesser culpability

All other cases

Harm

The court should consider the factors set out below to determine the level of harm that has been caused or was intended to be caused to the victim.

Category 1

• Serious distress or alarm caused
• Distress or alarm caused to multiple persons present

Category 2

• All other cases

Well, there's definitely Category 1 Harm caused.

Then there's the starting point for sentencing.

If it's deemed a B/Category 1, that's between a Low level community order and a 12 week custodial sentence and a category C fine.

Fine Band C starting point is 150% of relevant weekly income but will vary between 125 – 175% of relevant weekly income.

Community Order (if he squeaks under the custodial level)

Offences only just fall below the custody threshold or the custody threshold is crossed but a community order is more appropriate in the circumstances. More intensive sentences which combine two or more requirements may be appropriate

• Suitable requirements might include:Any appropriate rehabilitative requirement(s)
• 150 – 300 hours of unpaid work
• Curfew requirement for example up to 16 hours per day for 4 – 12 months**
• Exclusion requirement lasting in the region of 12 months

Whether or not he's met the threshold for custodial sentencing is probably balancing upon

Appropriate punishment can only be achieved by immediate custody

...unless he's got previous for not complying with court orders (any pissed off exes in the mix, for example - or previous being a dick at football?)

Factors increasing seriousness (I've bolded the ones I think might apply)

Statutory aggravating factors:

• Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
• Offence committed whilst on bail
• Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: disability, sexual orientation or transgender identity

Other aggravating factors:

• Planning
• Offence committed against those working in the public sector or providing a service to the public
• Leading role in group
• Vulnerable persons or children present
• Victim is targeted due to a vulnerability (or a perceived vulnerability) where not already taken into account in considering racial or religious aggravation
• History of antagonising the victim
• Victim(s) had no opportunity to escape situation (eg: offence occurred on public transport)
• Commission of offence whilst under the influence of alcohol/drugs
• Offence committed whilst on licence or post sentence supervision
• Failure to comply with current court orders

It's not looking good for him - even if the OP thinks it's not worthy of the potential penalties.

Community service in Sunderland should do it.

I agree. I hope he does go to jail.

Freedom of speech has to come with freedom to take the consequences.

there should be no free pass “just because it’s football”.

Def a coke head. The local pub which is renowned for drugs have put a statement out saying he will no longer be playing football for them or be drinking in there

If he doesn't go to jail, which is debatable. He will have to move areas as it will become unviable for him to go out and about.

I'm being terribly slow. Why did he show the picture? I'm bewildered.

Ewwww, NO. Why should extremely vulnerable people have to have this dangerous and hateful weirdo near them when they are desperately ill/family members of the desperately ill.

I’d rather he made himself useful and was sent to do unpaid work in a local child’s hospice or hospital ward.

Would you want him in the hospice if someone you loved was dying? That's disrespectful to people who do that job. The people who cared for my dad were professional, skilled, compassionate and able to deal with difficult and distressing situations. Why wd you assume an untrained, unpleasant idiot could do the job?

Unless there is more to his offending then no I agree a custodial sentence would be ridiculous. Is that really on the table?

What he did was absolutely disgusting, but I think a community order, along with the shame of being publicly abhorred for his behaviour is likely to be enough.

The country's gone mad! Yes he deserves Community service but why should we be paying to lock him up?
How much does it cost to detain someone in prison these days? He's not a danger to the public. Make him pay penance in some other way rather than costing us to lock him up.
Don't we have enough people sucking the State dry?

Because the little lad who died of cancer supported Sunderland the team they supported were playing (Sheff Weds)

They were being goady fuckers and are lucky they didn’t start a riot.

With regards to why should he be jailed? Well, if you break the law like shoplifting, public disorder - as small as it may be to you, it's still breaking the law and depending on the severity it will be up to the judge to give sentence/ caution which is given with guidance according to the law. The judge won't just lick his finger and see what direction the wind is blowing and pick randomly.

You would think being plastered all over the papers / social media would have been the kick up the arse he needed as it was an utterly disgusting thing to do but he's declared he don't give a fk and shows no remorse. I hope fellow Sheffieldians give him what he deserves.

YANBU.

I'm not convinced this should even be a crime, although that's moot because he pleaded guilty. It's extremely nasty and offensive behaviour, sure. From a PP, seems like the crime is less being more offensive and more the likelihood of stirring up violence, but if no violence happened that's all a bit hypothetical.

I certainly don't think it deserves a prison sentence when actual assaults and thefts often result in the guilty party going free - or, indeed, the police don't bother to seriously pursue such crimes.

I do feel if it was any other terminally ill child there would be a few harsh words
I think the severity is more to do with it being this particular child.

Do you know how hard it is to find community payback work for any offenders, let alone one like this in a Hospice fgs?

We've occasionally had them to do some painting or similar at school. Their "managers" are thrilled when we can find them a few weeks work over the summer because it's so hard to find anyone who will have them.

He won’t go to prison, but I don’t think that matters really. The biggest punishment is his face is every where & everyone knows what a massive cunt he is.