A Birmingham YouTuber has been jailed for threatening to bomb a hospital via a phone call he later uploaded to the web.
Matthew Wain, 31, of Hatfield Road, Birchwood, Birmingham, admitted an offence under section 127(1) of the Communications Act 2003 - namely that he sent, by means of a public electronic communications network, a message or other matter that is grossly offensive or of an indecent, obscene or menacing character - when he appeared at Birmingham Magistrates' Court on Thursday, 11th June 2020.
The maximum penalty on summary conviction is 26 weeks' custody and/or a fine at level 5 (unlimited) on the standard scale.
Prosecutor Peter Lawn outlined the case: "The message was of a menacing character and describes the threats of the violence as distasteful.
"On 29th March, the defendant had posted a threatening YouTube video in which he described having attended City Hospital in Birmingham believing he was having a heart attack and was unhappy with the care he received.
"He made a phone call to the hospital recorded in a YouTube video in which he states 'I'm going to bomb the place' and states that he hopes 'all the staff die from coronavirus'.
"The threat to bomb the hospital brings him before the court today.
"The defendant was arrested on 1st April and cautioned. He said 'I didn’t mean it and I didn't plan to bomb anyone' and that he was upset and sorry.
"In a police interview he said he didn’t mean the threat and that he had no intention of bombing anyone and he wouldn’t want to hurt anyone.
"He said he made the threat because he thought he was dying and the staff didn't care."
Magistrates heard that Wain was previously convicted of a similar offence in 2017, where he posted threats online aimed at the patrons of a Norfolk gay bar.
Given the seriousness of Wain's offence, Magistrates adjourned the case and requested a pre-sentence report prior to his sentencing today, Thursday, 18th June.
District Judge Briony Clarke, presiding over the case today, viewed the offending YouTube video, which attracted more than 81,000 views prior to its removal from the site.
Unemployed former drug user Wain sat in the dock sniggering as the lengthy video was played.
Addressing Wain, Judge Clarke said: "Six days into the pandemic lockdown you made a video that we have seen.
"You start by abusing another YouTube user. You then decided to call the hospital and, when the rest of the country were weekly clapping for the NHS and carers, you abused them and made threats.
"The video included racist comments and then you uploaded that to your YouTube channel."
The Judge slammed Wain for the way he had wished coronavirus on healthcare staff.
"That's truly despicable, Mr Wain. There was the use of threats and you're fortunate you weren't charged with something more serious.
"Whilst we were sat here horrified at the contents of (the video), there were points when you were laughing.
"You have previous convictions, including a matter of an almost identical nature. I am afraid this is a matter which is so serious that only immediate custody is warranted."
Wain was sentenced to 12 weeks' custody.
He was ordered to pay £122 victim surcharge and £135 towards prosecution costs.
As he was led away to the cells, Wain paused for a moment to ask his solicitor if he would be put into a protection wing in prison.
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