Mike Kimberley, mitigating, told the court Bailey has no previous convictions for similar offences.

The court heard Bailey was a successful self-employed tree surgeon until a breakdown after a tree branch hit a man on the head and put him in hospital for weeks.

Mr Kimberley said Bailey was emotional and did not come across well with the author of the pre-sentence report.

He added: “It is well over 13 months since this incident. He is struggling. He said, ‘I am not a racist; I did not make the comments as alleged; there were words said on both sides’.

“He has not worked for two or three years. He would like to get back into employment. He has no assets to go back to being a tree surgeon. He is a broken man.”

Magistrates fined Bailey ยฃ120 and ordered him to pay ยฃ80 in compensation to his victim, ยฃ600 in costs, and a ยฃ114 surcharge.



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