Judge Daniel Pearce-Higgins was surprised Aga Cazchowska's case made it to court
Judge Daniel Pearce-Higgins said he was astonished the law was being used to "stop people swearing at each other" and described the offence as "fairly standard behaviour in life".
Polish-born Aga Cazchowska was charged with sending a malicious communication which was "grossly offensive" between December 1 and December 7 2015.
The court heard how the 31-year-old called up Karl Smalley and left a message because he had not paid her boss an outstanding debt.
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Aga Cazchowska admitted sending a malicious communication
That's an offence is it? Good heavens
Judge Daniel Pearce-Higgins
Mr Smalley and wife Cheryl complained to the police and the matter ended up in Worcester Crown Court – where a full day's trial costs taxpayers £3,000 – much to the dismay of Judge Pearce-Higgins who blasted the decision to prosecute.
He asked prosecutors: "That's an offence is it? Good heavens.
"It's fairly standard behaviour in life. I'm concerned criminal law is properly used, not to stop people swearing at each other.
"To call someone a p***y is impolite. It's not an offence. It's unpleasant but not a criminal act.
"If that's the case there's an awful lot of criminals about."
Judge Daniel Pearce-Higgins said criminal law was not there to stop people swearing at each other
Prosecutor Christopher Lester said Mr Smalley, of Hereford, had previously been declared bankrupt when he owed Nigel Jones £10,000.
He was only able to pay back £2,000 and Mr Jones mentioned the matter to Czachowska, who worked for him assembling kitchen units.
She was shown a picture of Mr Smalley on Facebook, found his number on the page and took responsibility for collecting the debt.
Mr Lester said: "Mr Smalley was very distressed by that, saying he was bankrupt and there was nothing he could do."
The went before the judge at Worcester Crown Court
The defendant also telephoned again, speaking this time to the complainant's wife who told her they had nothing and were still dealing with the bankruptcy.
Mr Lester added: "The defendant then phoned and left an answering machine message on the phone.
"It effectively said Mr Smalley was allowing his family to deal with these things for him."
Czachowska, of Exeter, Devon, admitted sending a malicious communication and was given a two-year conditional discharge.
The judge declined to grant a restraining order against the defendant in respect of Mr and Mrs Smalley and made no order for costs.
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