Warrington Man Jailed for Flashing and Threatening Behaviour

An Iraqi national living in Warrington has been jailed after committing a spate of vulgar offences in his adoptive town.

Dana Mustapha, 34, of New Road, Latchford, Warrington, denied seven offences (listed below), but was convicted at trial at Warrington Magistrates' Court on Thursday, 11th May 2023.

The offences were as follows:

• 3 of exposure, contrary to section 66 of the Sexual Offences Act 2003. The maximum penalty for each of these offences is 2 years' custody on conviction on indictment; 6 months' custody and/or an unlimited fine on summary conviction;
• Threatening behaviour, contrary to section 4 of the Public Order Act 1986. The maximum penalty for this offence is 6 months' custody and/or an unlimited fine on summary conviction;
• Harassment involving the fear of violence, contrary to section 4 of the Protection from Harassment Act 1997. The maximum penalty for this offence is 10 years' custody on conviction on indictment; 6 months' custody and/or an unlimited fine on summary conviction;
• Harassment, contrary to section 2 of the Protection from Harassment Act 1997. The maximum penalty for this offence is 6 months' custody and/or an unlimited fine on summary conviction;
• Assault by beating, contrary to section 39 of the Criminal Justice Act 1988. The maximum penalty for this offence is 6 months' custody and/or an unlimited fine on summary conviction.

Angela Blackmore, prosecuting, told the court that Mustapha had approached a young man walking his dog in the Latchford suburb of Warrington at the start of September 2022. As he got nearer, Mustapha had shouted threats and abuse at the man, telling him "I'm going to fuck you up". The man continued walking and ignored Mustapha.

On 6th September 2022, at the nearby Co-op store on Knutsford Road, the same complainant was approached by Mustapha for a second time. Again Mustapha made threatening comments, but this time he proceeded to drop his trousers and expose his penis. Ms Blackmore noted that there were several school children nearby, given the location and time of day.

The same complainant was approached by Mustapha on two further occasions over the next few days. On the first of those occasions, he shouted homophobic abuse at the man and threatened to slash the dog's throat. On the second occasion the complainant phoned a friend, who arrived to confront Mustapha.

Mustapha pleaded ignorance to the complainant's friend and claimed not to understand English. The police were called and the friend detained Mustapha at the scene, sustaining severe bruising as he was kicked and headbutted in the process.

Ms Blackmore described a second incident that occurred on New Road, Latchford, on 6th September 2022. Mustapha approached a woman asking for a cigarette. As he did so, he exposed his penis and began masturbating in front of her.

The woman responded with laughter, telling the Iraqi that her dogs had bigger penises than he did. With that he ran away from the scene "with hurt pride".

The woman, who clearly isn't one to mess with, added that if she had seen Mustafa again she "would have launched him".

The following afternoon, 7th September 2022, a man and his toddler stepson were at the children's play area in Victoria Park, Latchford.

The man's attention was drawn to foreign talking and singing in the nearby bushes. Aware he had been spotted Mustapha dropped his tracksuit bottoms and squatted near to the ground, as if to defecate.

The witness described a look of "evil excitement" on Mustapha's face as he "reached around as if he was aiming to grab hold of what he had passed to throw it".

Ms Blackmore also told the court that Mustapha had targeted a business in Warrington town centre over a period of months.

He would stare at the owner and customers through the window, on one occasion unbuttoning his trousers and exposing his penis to them.

On two occasions he had urinated, in full public view, on the frontage of the business.

The owner upgraded the CCTV and locks to her business, so that Mustapha could not gain access. She also reduced the shop's opening hours, which resulted in a further loss of income.

Unfortunately the Warrington Guardian has totally omitted the defence case, which was rejected by the court. Given the apparent weight of prosecution evidence it would have taken a phenomenal piece of defence advocacy to get Mustapha acquitted.

Magistrates convicted Mustapha of all offences.

Peter Green, mitigating, said: "Someone with poor mental health, as this defendant has, will struggle and will cope badly in a custodial setting.

"The easy option is to sentence him to immediate custody. It would dispense justice and keep him off the streets for a few months.

"But it does nothing to address any of the issues underlying his behaviour. I would ask you to impose a suspended prison sentence along with requirements."

Nevertheless, Warrington colleagues, who always seem a very pragmatic bunch, took the view that the easy option was the most appropriate one.

Mustapha was sentenced to 46 weeks' immediate custody.

He was also ordered to pay £200 in compensation to the man he had assaulted.

Additionally, he was made subject to a four-year restraining order that prohibits him from approaching or contacting six named individuals or entering a named street in Latchford.

He was also made subject to a four-year criminal behaviour order that prohibits him from entering or loitering at Victoria Park or any other children's play area in Warrington.

It also prohibits him from contacting any female in an open public space in Warrington, except any public building or premises, retail premises, sports stadia or licensed premises.