Man convicted of spraying non-toxic liquid on members of the public

06/11/2017

A 23-year-old man, who sprayed members of the public with a liquid which he claimed was acid, has today been jailed for six months at Birmingham Magistrates’ Court.

On 18 July 2017, the victims were among a group of people who were drinking outside the Chalice Public House in Dickens Heath. They became aware of a BMW being driven erratically.

The victims verbally protested with the occupants of the car with regards to the manner of their driving.  The passenger of the BMW, Max Kelly, got out of the car holding a bottle. He shouted that it contained acid and sprayed the liquid on the victims. Kelly then got back into the vehicle and sped off.

Fearing that they had been sprayed with acid, the victims used water to wash away the substance which had been sprayed on them.

The police were called and they located the bottle from which the victims had been sprayed. Examination of its content confirmed that it was not hazardous.

Kelly handed himself into the police three days later and he was found guilty of two counts of common assault and sentenced to six months imprisonment and ordered to pay £500 compensation to the two victims.

Gavin Naylor, District Crown Prosecutor with West Midlands Crown Prosecution Service, said:

“Anyone who is found in possession of or intentionally uses dangerous corrosive or toxic substances as a weapon will be robustly prosecuted.

“Max Kelly was in possession of a bottle which contained a liquid that he claimed was acid. He then deliberately sprayed the victims with the liquid causing them to fear serious injury causing extreme distress. Thankfully, the liquid was not corrosive or toxic. 

“The defendant’s actions were irresponsible and he will now have to deal with the consequences.”