A man who vowed to bomb a Carlisle club and threatened a bouncer with a broken bottle has won his appeal against an immediate prison sentence.
Ali Omar Ali’s rowdy behaviour outside the city’s Truth bar, off Botchergate, occurred on June 19.
Ali, 21, yelled at a doorman and shouted anti-English racial abuse. He also snatched a broken bottle from the street and made a threat to kill door staff.
Brendan Burke told Carlisle Crown Court of Ali: “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. 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.
Ruling on the appeal, Recorder Tony Hawks — sitting with two magistrates — concluded it had been correct to impose a four-month jail term at the original hearing. But magistrates “fell into error” on that occasion by not suspending the sentence as Ali’s difficulties were “capable of being addressed within the community”.
The judge was mindful that Ali, of London Road, Carlisle, had spent almost a month in custody.
“I hope that’s taught you a lesson,” said Recorder Hawks. “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Ali’s prison sentence was revoked.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.
