Teenagers who choked student on Tube until he apologised for being gay spared jail

'In this day and age I would have expected society to be more accepting,' says Will Mayrick

Will Mayrick has spoken out after police said he was attacked on a Jubilee line train (PA)

A pair of teenagers who choked a student and forced him to apologise for being gay, have been spared jail.

Will Mayrick and a female friend were travelling through London to a Halloween fancy dress party when they were accosted on the tube by the 16 and 17-year-old.

The 20-year-old told Bexley Youth Court that he feared for his life as he was left gasping for breath, when the 16-year-old put him in a headlock and forced him to apologise about his sexuality.

Along with a third male who has never been identified, the court heard that the pair stood directly in front of Mr Mayrick and his 25-year-old female friend after boarding the train, despite the carriage being empty. They were all drinking from bottles of Lambrini.

Mr Mayrick's friend was punched and pushed to the ground by the 17-year-old when she tried to intervene, said prosecutor Samantha Mitchell, although the blow was aimed at another member of her group.

"The victim had a headband on, some shorts and a top and a jacket on, so all you could see was his bare legs," Ms Mitchell said. "He had not seen any of the males before, they all had large bottles of Lambrini in their hands and they positioned themselves in the aisle in front of them."

She added that the boys started using homophobic insults such as "faggot" and "queer", and became violent when one of his friends told them that it was not acceptable.

Mr Mayrick, she said, "felt a right arm around his neck, gripping really tightly, he felt like he was being strangled and was struggling to breathe."

She added: "A male took his phone out of his hand, and another male said 'f*cking apologise you f*cking queer'."

Both of the victims managed to film some of the assault on their mobile phones and although at one stage Mr Mayrick's phone was snatched from him, it was later returned.

The attackers were not arrested until April this year following an appeal by the British Transport Police.

In court last week, the 16-year-old admitted assault by beating of the male victim, while his co-defendant admitted using threatening language towards the 25-year-old woman, but was not charged with assaulting her.

Both apologised, when questioned by magistrate Glenford Shipley-Younan. They said they had been very drunk at the time of the incident - but have since quit alcohol. The court heard that the younger defendant is due to sit his GCSEs this summer and plans to train as a mechanic, while the 17-year-old is training as a bricklayer.

Mr Shipley-Younan told them had they been older they would have probably faced a custodial sentence.

Ordering them to attend youth offender meetings for 12 months, he said: "You are both in court for a very nasty and unprovoked attack on a train late at night on people who were just going about their social evening. The people who were attacked and abused by yourselves would have been extremely upset and frightened by that behaviour.

"Both of you said you had been drinking that night, therefore your inhibitions had been lost. This must not happen again."

Both boys, who were accompanied by their parents, were ordered to pay £150 compensation to their victims as well as £20 each in costs.

Speaking after the trial, Mr Mayrick told the Evening Standard: “They were so young, and I can’t help but think that if they had had some sort LGBT education then the attack might never have happened. If it was made compulsory that children were taught about it… they could widen their knowledge and get a better understanding.”

He said: "I don't think I deserve to be assaulted simply for being gay, and in this day and age I would have expected society to be more accepting."

Additional reporting by PA