Increased fine for homophobic abuse

10/02/2017

A Nottingham man has been fined for aggressive and abusive behaviour while in police custody, with the fine more than doubled due to the homophobic nature of his abuse.

Lynden Brown was arrested by police officers following reports of an incident in a house in Sneinton in the early hours of 24 January. At the scene he resisted arrest, behaving aggressively, so was taken into police custody. While in custody, he subjected the police officers to a barrage of aggressive abuse, threatening to knock them out and using a homophobic insult. Despite a warning from the police officers about his language, he aggressively directed the homophobic insult at one of the officers a  further six times.

Janine Smith from the CPS said:
"The CPS recognised that this case was aggravated by the homophobic nature of Lynden Browns verbal abuse, and therefore constituted a hate crime. To constitute a hate crime, offending must be motivated by hostility towards someones race, religion, sexuality or disability or, as in this case, a perceived characteristic. When people commit offences that are made more serious by the use of offensive language specifically targeted at people with these characteristics, the CPS will prosecute cases as hate crimes. This means we will ask the court to use their statutory powers to pass an uplifted sentence. In sentencing Lyndon Brown, the court agreed that his abuse was homophobically aggravated and increased his fine from 90 to 190."

Lynden Brown appeared at Nottingham Magistrates Court on Friday 10 February pleaded guilty to using threatening words or behaviour to cause harassment, alarm or distress and resisting a constable in the execution of their duty. As well as the fine of 190, increased from 90, he was ordered to pay 50 compensation to the victim and a surcharge of 85.

Background information:
Sentences for homophobically aggravated offences can be uplifted under section 146 of the Criminal Justice Act 2003.

Janine Smith is the Chief Crown Prosecutor for CPS East Midlands