CPS South East - tackling hate crime on your behalf

Here you can read details of some of the recent hate crime cases the CPS has prosecuted in the South East. This report was prepared in October 2017, but relates to cases from September and October 2017.

Unpaid work over online homophobic abuse in Kent  

A man has been ordered to carry out 50 hours of unpaid work, after sending homophobic and offensive messages to a gay man via Facebook. 

The defendant pleaded guilty to a charge of malicious communications, after using his own account and his girlfriend’s to send the messages.

The defendant was also given a rehabilitation requirement activity of 20 days, a community order for 18 months and a restraining order for the same amount of time and was ordered not to contact the victim in any way.

Prison sentence extended over racial abuse in Sussex  

A man has been given a nine week prison sentence, after threatening a hospital security guard and yelling racist abuse at him.

The victim was on duty at the Royal Sussex County Hospital on a Saturday night, when the defendant was told that he would not be treated because of his abusive behaviour towards staff. The victim escorted him out of the hospital and the man then threatened to attack the victim with a pickaxe, before the police arrived and arrested him. The threats contained racist language. 

Had there been no element of racist abuse, the sentence would only have been four weeks.

Lengthened youth rehabilitation order over religious abuse in Kent 

A teenager has been given an extended youth rehabilitation order after yelling religious abuse at a man in Ashford.

The victim was driving through the town with his partner when he had to stop to let oncoming traffic past and the defendant, who knew the victim, started to shout at him.

The defendant was given a two year youth rehabilitation order, that would only have been 21 months in length, had it not been for the religious aggravated nature of the crime.

Extra hours of unpaid work for racial abuse during road rage incident in Surrey   

A man has been told to undertake additional hours of unpaid work, after yelling racially aggravated abuse at a man following a road rage incident in Virginia Water.

The victim was the driver of a van, which pulled out in front of a Mercedes car. The driver of the car then pursued him, shouting at him and demanding he stop and saying that he would not stop following him until the victim got out of the van.

The victim stopped in the middle of a housing estate and asked residents for help. The car driver pulled up and yelled racial abuse at the victim, who had already called 999 and this abuse was heard on the call.

The man was given a 12 month community order and ordered to undertake 90 hours of unpaid work. Without the racially aggravated element of the crime, the sentence would only have been 60 hours.

Sentence doubled over racist assault in Kent

A man has had his sentence doubled after a racially motivated assault in Ashford.

The victim was with his wife on an industrial estate and tried to move past a car that was blocking his way. Realising he could not get past, he stopped and the men in the other car started to yell abuse at him, so the victim got out of his car and began to film them.

One of the men then came over to the victim, pushed him and punched him in the left side of his head, yelling racist abuse at the same time.

As a result, he was given 150 hours of unpaid work and 10 days rehabilitation activity, both doubled because of the racist element of the crime.

Additional fine following homophobic abuse in Surrey 

A man has been handed an additional fine after yelling homophobic abuse at a landlady at a pub in Caterham.

He was thrown out of the pub because of his drunken behaviour and then became aggressive towards the woman, pushing her, causing her to fall against a wall, and slamming a door on her foot.

The victim managed to get the man outside and was able to flag down a passing police car, because she was concerned that the man was still being abusive towards her. After being arrested, the man then head butted the police officer.

He pleaded guilty to assault by beating  and was given a fine of £350, which was increased by £100 due to the homophobic aggravation he showed to the woman. He was given an additional fine for assaulting a police officer and was also ordered to pay compensation to his victim.

In all these cases, a sentencing uplift was applied, which increases the sentence for any offence where a defendant showed hostility or an offence is shown to have been motivated by hostility based on age, disability, homophobia and transphobia or racist and/or religious grounds.