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Reveller fined for New Year abuse

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Friday, November 02, 2012
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Plymouth Herald

A REVELLER abused takeaway staff while buying a late-night snack in Plymouth's clubland, a court heard.

Patrick Mooney and a pal became abusive in what magistrates were told was an "unpleasant incident" in the opening hours of 2012.

Mooney, aged 21, yesterday admitted using threatening words or behaviour to workers at a Union Street fast food outlet at around 3.30am on January 1 this year.

The Crown Prosecution Service formally dismissed a second charge against him, of using racially-aggravated threats or language. Mooney had always denied the racial abuse allegation.

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Prosecutor Eoin McCarthy told the court how Mooney and the other man had initially been using a games machine at the takeaway. The pair went to buy some food and started being "rude" to members of staff, he said.

"In general terms, they were abusive when there was no real need to be," Mr McCarthy told the court. "A complaint was made and subsequently the defendant was identified and arrested. It's an unpleasant incident."

Mooney, of Berkshire Drive, Ford, gave no comment in police interviews.

The court heard how he was convicted in April of battery and a public order offence – and was in custody in relation to a separate matter.

Alan Harris, for Mooney, said he had "flatly denied" the racially-aggravated element of the original charge and disagreed he was in drink at the time of the incident. He always disputed what were the nastier elements of it, if it had have come to trial," Mr Harris added.

Magistrates fined Mooney £50 and ordered he pay a £15 victim surcharge.

But all £65 should be wiped out because he had spent so long in custody, the bench said.

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