Teenager who coughed at bus driver at Chester station spared jail

Ashley French, 18, of Crosland Terrace, Helsby, had pleaded guilty at the earliest opportunity to the charge of assaulting the bus driver, and two counts of threatening behaviour towards another bus driver and a security guard at Chester Bus Interchange.

Chester Magistrates Court heard French has autism and "cognitive skills challenges" which meant he had "fixed ideas about things".

Magistrates handed French a 24-month community order.

Prosecuting, Luke Unsworth said the first Chester Bus Interchange incident happened on January 29, when French "purposefully coughed" at bus driver James Fisher.

The court heard French was going to receive an on-the-spot Fixed Penalty Notice for the Covid breach, but French refused to pay.

The second incident happened on February 28, when French threatened to knock out a bus driver for not travelling with the correct ticket.

He had verbally abused bus driver victim Roger Marshall and had said he was going to kill himself.

On March 1, French verbally abused security guard Andrew Murphin in the vicinity of a PCSO and was arrested.

In police interview, French made full admissions.

In victim impact statements, Mr Fisher said he should not be at risk of assaults, adding that coughing during a pandemic was "disgusting".

Mr Marshall was "shocked and scared" by the threat. He said that after working for over 20 years, he had received threats before, but this one felt like it would be carried out, and was over a £1.50 bus fare.

Other people were around including a man with his young child.

He said the incident was "completely unacceptable".

Mr Murphin said he felt intimidated and knew about the two previous incidents.

French had been banned from the bus interchange site.

He had no previous convictions.

Defending, Richard Simm said it was "not a straightforward case". When first charged, French had spent 48 hours in police custody, which was "deeply distressing" for someone who had never been in trouble before.

Mr Simm said it was difficult to explain to French why coughing at someone could be deemed an assault, due to French's cognitive skills challenges and fixed ideas processes.

The coughing incident had begun as a "disagreement" with the bus driver about face masks. French accepted coughing at the driver, having warned him he was going to do so.

The offence on February 28 had begun when French had purchased a Chester+ Zone ticket, but the first driver had printed out an incorrect ticket. Rather than reprint a correct ticket, the driver told French to explain the situation to the next bus driver, Mr Marshall.

There was "an impasse" and it was in response to this that French became abusive.

On March 1, French felt he could hear the security guard speaking into his walkie-talkie about French, and accepted becoming abusive.

French had been banned from using the bus services and was instead coming to work in Chester by train. He was described in a pre-sentence report as a good worker.

Mr Simm added there were concerns if French went to custody, and how he would cope in there.

Chair of magistrates Ian Knight told French, as the defendant wiped away tears: "This was very unpleasant nature given the current circumstances in society, on the same group of people – bus station employees.

"We have given a lot of thought about whether to send you to prison. You are not going to prison, you are getting a high-level community order."

French was handed a 24-month community order to include 35 days of a rehabilitation activity requirement and 200 hours unpaid work.

He must pay £100 compensation to Mr Fisher and £75 each to Mr Marshall and Mr Murphin.

French was warned by the legal adviser as he left court that he must obey the community order, as during the pandemic people guilty of spitting or coughing at others had almost always ended up with immediate custody, so any breach of the community order would likely mean French going to jail.