An anti-fracking protester jailed for posting a video online asking viewers to help him assault a Chester man who possessed indecent images of children has won his appeal.
Benjamin Deevoy, 30, had been caged for 16 weeks for the ‘rant’, but was released after his conviction was overturned.
In the video, Mr Deevoy had urged people to find out the address of the man so he could ‘put my nut on his head and my steel toecap boots in his balls’.
The 30-year-old had his guilty verdict quashed at Warrington Crown Court on March 4 because Judge Tina Landale did not feel he believed the assault would be carried out.
'No one ever listens to me'
She said a remark the appellant made that ‘no one ever listens to me’ was ‘compelling’.
Judge Landale added: “Mr Deevoy, to post a video asking people to carry out a serious offence is quite wrong.
“You must understand if you are to post any further material of a similar nature the police would be at your address no sooner said than done.”
Mr Deevoy, of Henry Street, Rochdale, had been incensed after reading a newspaper report about the Chester man who received a suspended sentence for possessing indecent images of children.
He uploaded a video of himself to website Bambuser asking viewers to help find the man’s home address.
He said: “He’s a paedophile and he’s walking our streets. It’s up to us now.
“Let’s find our where he is because I’m going put my nut on his head and then my steel toecap boots in his balls.”
Mr Deevoy had been convicted of encouraging in the commission of an offence, believing it would be committed, at Chester Magistrates Court in February.
Once a resident at the now-evicted Upton anti-fracking camp, he said he ‘completely regretted’ making the video.
Mr Deevoy added he never acted on what he had said and he took the video down two days after posting it, before the police became involved.
He said: “It was just an angry rant.
“I shouldn’t have made threats because I had no intention of carrying them out.”