A Birmingham father-of-four has avoided immediate jail time after threatening his daughter's alleged bully and her family. John Downing, 39, of Gipsy Lane, Erdington, appeared at Birmingham Magistrates' Court on June 12, where he was handed a two-month prison sentence, suspended for 12 months.
Threats Made in Response to Bullying
The court heard that Downing phoned a schoolgirl and told her: 'I'm going to burn your house, I will stab your family and I will slit all your family's necks.' The incident occurred on March 14 after a verbal altercation on Snapchat and what Downing described as 'constant bullying' of his 12-year-old daughter.
Downing then went to the girl's home with an 'aggressive dog' and made similar threats to her mother and other children present.
Court Sentence and Restraining Order
Downing had previously pleaded guilty to threatening to damage or destroy property. The magistrate stated the offence was so serious that only a custodial sentence could be justified. However, the two-month term was suspended for 12 months, meaning he will not serve it unless he commits another crime within that period.
A restraining order was also imposed, prohibiting Downing from contacting the victim's family. He was further ordered to complete 20 rehabilitation activity days.
Mitigation and Mental Health
During the plea hearing, Downing's lawyer argued that the incident was impulsive and driven by poor mental health. 'The complainant's daughter has been bullying his 12-year-old. On a matter of impulse, he has decided to go there and say those words,' the lawyer said.
'Mr Downing suffers from poor mental health, he sees his doctor on a regular basis. He was suffering with poor moods. He has lost control in relation to his actions. He was angry and he accepts that. He has not gone into the property or spoken to the daughter.'
The lawyer added that Downing's anxiety and depression diagnosis 'contributed towards his actions' and that he was 'really upset' by the constant bullying of his daughter.
The victim told the court the incident 'made her very scared and worried her a lot.'
