Now you’re just being ridiculous.
One, it’s not a crime to mutter under your breath that you want to kill someone. Inciting violence by having a public call for the slitting of throats is, the same as planning to set fire to an Islamic centre.
Are you a lawyer? Or from a law background?
No I just play one on the Internet. But I can read sentencing remarks which seems to put me ahead of most.
You’re onto it though. Why isn’t it a crime to mutter under your breath? Death threats are illegal no? Because for communication to be considered malicious the likelihood of the victim hearing it and believing it matter. For incitement to violence the likelihood that violence matters. Which is why you can’t just go “he shouted and he shouted so they should be treated the same”
A slit throat gesture is digesting. I’d have sent him down and I think a jury made the wrong decision but one that’s consistent with these kinds of jury trials. However if we’re honest there’s no reasonable expectation from either side of violence and you know it. It’s hyperbole among peers.
Forming a mob and attacking police and trying to burn down a hotel with people inside means shouting has far more impact.
I’m not even arguing one should be guilty and one innocent I’m saying the comparisons are apples and oranges. Like me finding a shoplifter in 2012 who didn’t get sent down and one during the 2011 riots who did.