A BURNLEY mother has slammed a decision to use 159-year-old laws to prosecute her son for throwing a snowball.
The 14-year-old, who cannot be named for legal reasons, appeared at Reedley Youth Court yesterday charged with throwing the missile at a car in Cog Lane, Burnley.
The charge was brought under section 28 of the Town Police Clauses Act 1847 wantonly throwing or discharging a missile to the annoyance and danger of passengers of a motor vehicle. The maximum sentence is a fine of £1,000 and 14 days imprisonment.
The boy pleaded guilty and was ordered to pay £100 in compensation and had three months added to an existing six-month referral order.
After the case his mother, 34, said she was shocked by the decision to prosecute and the boy's solicitor said the case was a result of politically-correct times.
"I think that he could have been cautioned and told that it was wrong to do," said the mother-of-two.
"Everyone throws snowballs children and adults, it's part of growing up."
"It's disgusting, £100 for throwing a snowball."
Sophie Lorimer, prosecutor, told the court the 14-year-old and two other youths, one aged 15, each threw a snowball at the car of William Jenkinson, 65 on March 14.
She said the incident happened near Woodcourt Avenue and the "ice balls" and had left a slight dent in Mr Jenkinson's Rover.
She said Mr Jenkinson had braked and the 14-year-old and another teenager ran off, but a 15-year-old had thrown a piece of wood at the car, which bounced off the windscreen.
The couple had been extremely shaken by the incident as ten years previously their windscreen was smashed after a brick was thrown from a motorway bridge, she said.
Mrs Lorimer said the boy received a warning for a separate offence of battery in December last year, and was given a six-month referral order in January for burglary.
The youth told the court: "I did not think before throwing the snowball and I am sorry that I did it."
His solicitor Lyn Slater said the prosecution was a result of politically correct times' and that 20 years ago the driver would have got out and given the youths a piece of his mind. But it's no longer correct to chastise young people," she said.
A spokesman for Crown Prosecution Service, said advice was given to the police that there was sufficient evidence to prosecute, and this had been demonstrated by the guilty plea.
l A 15-year-old boy has entered a not guilty plea in relation to the incident.
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