A SERIAL criminal with 200 offences against his name yelled racist abuse at a man during a fiery confrontation, a court heard.
Darren Burgess said he was “confused” when confronted by a group of three people outside an Iceland store in Southend.
This led to the 54-year-old shouting a racist word at one of the men who approached him.
David Baird, prosecuting at Southend Crown Court, said the incident on October 31 last year had “caused some distress” to the victim.
Mr Baird also said the offence was aggravated by Burgess’ 200 previous crimes, for which he has received 79 convictions in his lifetime.
But Charles Conway, mitigating, argued the racism came after Burgess was confronted by the group of men and feared violence.
He said: “He phoned the police and reported an assault by the man.
“This incident of the man confronting my client was captured on CCTV.
“It was quite clear he was using excessive force and my client wasn’t using any force against him at all.
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“Having been assaulted in that way he used that word, which is a racist word, and it was not a nice word to use.
“He did it to someone else but that person was part of the three of them coming from the Iceland store.
“I invite the court to see the victim was part of the three from my client’s perspective, and that’s the background to him saying what he said.
“It’s no excuse, but my client was unjustifiably assaulted, it’s no justification, and it’s a terrible word.”
Mr Conway said Burgess suffers with mental disorders and in 2013 had set fire to himself, but he was “doing his best” to improve.
Burgess admitted racially aggravated harassment. A second count of assault was discontinued as the prosecution offered no evidence.
Recorder Elroy Claxton said: “I’m giving him full credit for pleading guilty and any suggestion he may have been provoked was based on his confusion as to what the matter was all about.”
Burgess was given a community order with 40 days rehabilitation and drug rehabilitation requirement for six months.
Recorder Claxton added: “Had it not been for the
racial element I would have considered a financial penalty.”
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