Man handed six-month jail sentence for racially aggravated behaviour and carrying knife in Harrogate

Graham McMillan, 38, was found topless and swilling beer in the middle of the road after police were called out to reports of an incident at Chico’s takeaway in Commercial Street.

York Crown Court heard that McMillan was swearing and shouting racial slurs, even when police warned him about his behaviour.

Prosecutor Brooke Morrison said that when officers searched McMillan, they found a Stanley knife in his jeans pocket.

He was arrested and charged with racially aggravated harassment or threatening behaviour and carrying a bladed article.

He appeared for sentence today via a video link from Wealstun Prison as he was already in custody serving a 42-week prison sentence imposed in September last year for carrying a hammer and swearing at people in the town centre.

That offence occurred on August 28, just four days after McMillan was arrested for the new offences.

Ms Morrison said the racially aggravated incident occurred on August 24 - the same day that McMillan had been given a two-month suspended prison sentence for possessing heroin and cocaine.

Police were initially called out to the Asda supermarket on Bower Road following reports that McMillan had tried to steal a crate of beer.

This incident did not result in any criminal charges, but later that same day, just before midnight, police received a further report that McMillan was at Chico’s takeaway and was refusing to leave.

“When police arrived, they found him in the middle of the street, topless, drinking from a bottle of beer,” said Ms Morrison.

She said McMillan was “swearing abuse” and shouting out deeply offensive racial slurs aimed at staff at the takeaway.

When police warned him about his behaviour, McMillan drunkenly replied: “I don’t give a **** – do me for racism.”

McMillan - formerly of Harlow Moor Drive, Harrogate, but currently of no fixed address – had 31 previous convictions for 56 offences including threatening and racially aggravated behaviour, carrying a blade, possessing an offensive weapon in public and “many” road-traffic matters and breaches of court orders.

Defence barrister Jennifer Coldham said McMillan had mental-health issues.

He intended to return to Harrogate upon his release from the inevitable jail sentence.

Judge Simon Hickey said it was clear that McMillan committed offences “under the influence of drink and drugs”.

McMillan was handed a six-month jail sentence, of which he will serve half behind bars before being released on prison licence.