A ROAD rage driver who slapped a bus driver has learnt his fate after being sentenced by the courts.

Benjamin Johnson was convicted following a trial of directing a slap towards the worker, having left his car and boarded the bus to do so.

Footage of the incident was released by the police at the time, and now the defendant has been sentenced at Warrington Magistrates’ Court.

The court heard how the 32-year-old was driving down Poplars Avenue, on his way back to his Orford home after visiting Aldi, at around 5.30pm on April 5.

He tried to squeeze past a number 21 bus, which was driving in the middle of the road due to parked cars, but he ended up getting trapped.

Words were exchanged between the two drivers through their windows, then Johnson reversed, got out of his car, hit the emergency door release button on the bus and climbed aboard.

He then slapped the bus driver in the face, knocking his sunglasses off, before getting back into his car and driving off.

The driver reported the assault to the police and Johnson was arrested on April 10.

He gave a no-comment interview and was later charged with assault by beating and using threatening words to provoke fear or violence.

He denied both charges, despite clear CCTV footage of the incident, claiming the bus driver, who had only been doing the job for 14 weeks, had leaned out of his cab and slapped him on the head, which he says provoked him.

During his trial, senior prosecutor Ed Handley described his self-defence claim as ‘quite preposterous’ and ‘utterly absurd’.

He said: “You had been in the comfort and safety of your own vehicle with the doors locked. How on earth can it be self-defence? It can only be retaliation.

“The truth is you totally lost it. A red mist descended and you were not thinking straight.”

 

The court that the bus driver, who was ‘undertaking his lawful employment at the time of the assault’, had taken time off work afterwards.

Defending, Jonathan Conder said the driver had agreed Johnson had the right-of-way when he had been trapped by the bus.

He said Johnson had not meant to hit the driver, only to knock his sunglasses off his head, and there was little or no contact between Johnson’s hand and the driver’s face.

He added Johnson had acted ‘in the heat of the moment’ and was ‘not totally in control’ of his behaviour.

Magistrates rejected Johnson’s self-defence claim and found him guilty of assault by beating, but he was cleared of the threatening words charge.

The case was adjourned for sentencing to allow time for the Probation Service to prepare a pre-sentence report.

Magistrates remarked that the severity of the offence merited a custodial term, with no credit available due to the absence of a guilty plea.

It was said that the offence was committed against a member of the public performing a public duty, and that a community order would not have a sufficient enough restriction on his liberty, nor would it address his rehabilitation.

However, they did opt to not make the sentence an immediate one, highlighting the defendant’s ‘limited offending history’, ability to be rehabilitated and ‘substantial’ mitigation regarding his health.

Johnson, of Windermere Avenue, was sentenced to 12 weeks in prison suspended for 12 months.

He was also ordered to pay compensation of £500 to the bus driver, costs to the Crown Prosecution Service of £650 and a statutory victim surcharge of £154.

Following the assault, inspector Lee Hillyard, of Cheshire Police, said: “This behaviour is abhorrent and completely unacceptable, and I am pleased that the person responsible has been arrested.

“Bus drivers provide a public service to the communities in Warrington, and they deserve to feel safe and respected while at work.

“We will continue to work with our partners at Warrington Borough Council to ensure safety and support for those who help deliver public transport.”