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Monday 12 August 2024

Brick-Hurling "I'm A Child" Darlington Lout Sentenced

A Darlington lout has been sentenced for hurling bricks at the police during disorder in the town last week.

Cole Stewart, 18, of Victoria Road, Darlington, admitted an offence of violent disorder at Newton Aycliffe Magistrates' Court on Wednesday, 7th August 2024.

Of the opinion that the lower court's sentencing powers were insufficient, District Judge Steven Hood sent the matter to Teesside Crown Court on Friday, 9th August 2024. However, a disagreement over the circumstances of Stewart's offence meant HHJ Francis Laird KC, Honorary Recorder of Middlesbrough, was unable to sentence him on that occasion.

The case was stood down until Monday, 12th August 2024 to allow the Crown and defence to reach a consensus, on which basis Stewart would be sentenced.

Violent disorder is an offence under section 2 of the Public Order Act 1986. It has a maximum penalty of 26 weeks' custody and/or an unlimited fine on summary conviction; 5 years' custody and/or an unlimited fine on conviction on indictment. I have previously written a guide to the offences of riot and violent disorder.

Stewart's offence, which was caught on CCTV, was described in my earlier article. You can also view the footage there. Briefly, the troublesome teen was seen to hurl several bricks at police during disorder in Darlington on the evening of Monday, 5th August 2024.

Noticeable from the footage is that Stewart is the only person, certainly at that moment in time, who was displaying any level of violence or hostility towards the police. There were a lot of onlookers who were present, but not active participants in the violence.

Waiting for an opportune moment, police rushed in to arrest Stewart. He was restrained on the ground and could be heard dishonestly crying out "I'm a child, I'm a child", clearly in the hope it would help his cause.

Barrister Gary Wood, for Stewart, asked the judge to be as lenient as possible with his client, who he said had experienced childhood mental health difficulties.

Mr Wood said: "The gravity of the offending up and down the country has been such that only immediate custodial sentences have been passed.

"I understand the court will wish to pass deterrent sentences and this offending does cross the custody threshold."

HHJ Laird described Stewart as being at the forefront of sustained violent disorder, which was intended to target a mosque.

The judge added: "Police officers were attacked. The Muslim community in Darlington was in fear for their own personal safety and the place in which they worship.

"The public in Darlington and the wider community are rightly outraged."

Stewart was sentenced to 18 months' custody.

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