Attack on Clitheroe taxi driver - two in court
A JUDGE has hit out at "totally offensive" sentencing rules said to put young offenders before the victims of their crimes.
Speaking at Burnley Crown Court, Judge Beverly Lunt said she did not want people thinking she had "gone soft" by only giving a referral order to a Clitheroe teenager, who started late-night violence against a taxi driver.
In fact, the law prevented her from doing anything else.
She said of the defendant, who was 15 and drunk at the time: "He is heading the very wrong way down a cul-de-sac that leads to prison."
The 16-year-old, who cannot be named, had appeared at Burnley Crown Court with his 20-year-old accomplice after the older defendant elected trial at the higher court. He would otherwise have had his case dealt with at the youth court.
He had earlier admitted using threatening, abusive or insulting words or behaviour. His 20-year-old co-defendant was Christopher Eland, of Henthorn Road, Clitheroe, who had admitted common assault.
Eland was given a community order with 60 hours of unpaid work. The teenager received a six-month referral order, under which he will be expected to write a letter to his victim.
Judge Lunt told the pair their behaviour had been "absolutely disgraceful", and said she would not have taxi drivers being targeted by "drunken yobs".
She said to the younger defendant: "It is of grave concern that you were 15 and on the streets as a drunken yob. That's very worrying to me. Very worrying indeed. You are not a child. You are a man and you need to start behaving like a man."
The court was told, last December, the 34-year-old victim was parked in Castle Street, Clitheroe, at 11-15 p.m., when a gang began to shout abuse at him.
The defendant started the verbal abuse and when the cabbie got out of his vehicle, the teenager punched him in the nose.
Eland accepted then being party to the assault. The driver was knocked to the ground, and other drivers went to his aid. The victim suffered a bruised left eye, split top lip, a lump to his ear and cuts and scratches. The defendants were arrested.
Neither had any previous convictions.
Mr Jamie Hamilton (for both defendants) said Eland, who worked in catering, had not shown a predisposition towards violence and could be dealt with by way of a community sentence.
For the 16-year-old, he said the law stated the rehabilitation of youths must come before the victim. The barrister continued: "If he were before the youth court the only sentence available would be a referral order."
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