A YOUNG man who vowed to bomb a Carlisle club after threatening a bouncer with a broken bottle has won his appeal against an immediate prison sentence imposed for the offending.
Ali Omar Ali’s rowdy behaviour outside the city’s Truth bar, Botchergate, occurred on 19th June this year.
Ali, 21, yelled at a doorman and shouted anti-English racial abuse. “He then snatched a broken bottle from the street and threatened the doorman with it, saying ‘I’m going to kill you’, barrister Brendan Burke told Carlisle Crown Court. “A threat the doorman believed to be genuine.
“He then addressed the public at large, saying he was going to bomb the club.”
A man of previous good character, Ali admitted using a broken bottle to threaten a person and also a racially aggravated charge. Earlier this month he was jailed for four months by magistrates who heard a probation officer’s oral report but concluded there was no realistic prospect of rehabilitation.
Ali’s appeal against the severity of that sentence was heard at the crown court today (tues). His lawyer, Jeff Smith, said: “The appeal was brought specifically on the point there is no evidence whatsoever he is not capable of being rehabilitated.”
Mr Smith said Ali was an asylum seeker from Iraq. He left the country three years ago, spending two years in Germany and then a period of time in France before arriving in the UK illegally in a small boat.
“His parents and his brother and sister remain in Iraq. He has no family at all beyond that country,” added Mr Smith.
Ruling on the appeal, Recorder Tony Hawks — sitting with two magistrates — said: “The magistrates were correct in our judgement in concluding that the case crossed the custody threshold. These were serious offences committed in public involving serious threats and the production of a dangerous weapon, namely a broken bottle.”
Recorder Hawks concluded magistrates were correct to impose a four-month jail term, but that that they “fell into error” by not suspending the sentence. This was in view of Ali’s tender age, lack of previous offending and difficulties which “were capable of being addressed within the community”.
The judge was mindful that the convictions were bound to adversely affect any asylum application — which was “entirely” Ali’s fault, he noted — and that he had spent almost a month in custody.
“I hope that’s taught you a lesson,” said Recorder Hawks to Ali, of London Road, Carlisle. “What you did on that night was disgraceful and dangerous. However, you will be released from custody today.”
Ali’s prison sentence was revoked. He must now complete a 12-month community order comprising 100 hours’ unpaid work and rehabilitation requirement days.
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