Captain Tom troll avoids jail after posting vile abuse about dead British soldiers
Joseph Kelly, 36, posted the tweet on February 3 last year, a day after the war veteran passed away
A man who sent a "grossly offensive" tweet about Captain Sir Tom Moore the day after he passed away has been spared a jail sentence.
Joseph Kelly, 36, published the post on February 3, 2021.
Kelly, of Castlemilk, Glasgow, was found guilty of sending the message following a trial at Lanark Sheriff Court in January.
Sheriff Adriam Cottam spared Kelly jail time on Wednesday, saying that he passed the “custody threshold” but there is a presumption against prison if there is an alternative.
Instead, he sentenced the 36-year-old to a community payback order comprising 18 months of supervision and 150 hours of unpaid work.
Sheriff Cottam said: “My view is, having heard the evidence, that this was a grossly offensive tweet.
“The deterrence is really to show people that despite the steps you took to try and recall matters, as soon as you press the blue button that’s it.
“It’s important for other people to realise how quickly things can get out of control.
“You are a good example of that, not having many followers.”
Kelly’s defence Tony Callahan said his client "accepted he did wrong".
Mr Callahan said: “He accepts he was wrong. He did not anticipate what would happen. He took steps almost immediately to delete the tweet but the genie was out of the bottle by then.
“His level of criminality was a drunken post, at a time when he was struggling emotionally, which he regretted and almost instantly removed.”