Hate Crime Uplifts

03/07/2017

Here is a selection of some recent cases in which the uplift was successfully applied.

Disability hate crime cases:

  1. When the victim stood up from his wheelchair, the defendant deliberately moved it backwards, causing the victim to fall onto the floor when he tried to sit back down. He pleaded guilty at the first hearing to assault by beating and was sentenced to a six week curfew uplifted from four weeks. He was also ordered to pay £250 compensation (South Yorkshire case.)
  2. The defendant was a carer in a residential home for the elderly. He dragged a disabled resident across a room before hitting and kicking her. He was found guilty after trial of assault by beating and was sentenced to 16 weeks' imprisonment uplifted from 12 weeks. He was also ordered to pay £610 costs and a £125 victim surcharge (South Yorkshire case.)
  3. The defendant sent an email to a former teacher containing offensive and derogatory comments about disabled people, including one of the teacher's disabled students. He pleaded guilty at the first hearing to sending an indecent or offensive message. He was sentenced to a four month Youth Referral Order uplifted from three months. He was also ordered to pay £85 costs and a £20 victim surcharge (North Yorkshire case.)
  4. The defendant approached the disabled victim and said he had stolen her missing mobility scooter. He threatened to break her windows and assault her. He then argued with and assaulted his girlfriend's mother. He pleaded guilty to assault by beating and using threatening, abusive or insulting words or behaviour to cause harassment, alarm or distress and. He was sentenced to a four month Drug Treatment Order uplifted from a Youth Referral Order. He was also ordered to pay £30 compensation for the assault (South Yorkshire case.)

Religiously aggravated cases:

  1. The defendant was abusive to a member of airport staff and made offensive comments about their religion. He pleaded guilty at the first hearing to religiously aggravated intentional harassment, alarm or distress by words or writing. He was sentenced to 12 weeks' imprisonment suspended for 12 months and 150 hours' unpaid work with the uplift being the unpaid work. He was also ordered to pay £100 compensation, a £115 victim surcharge and £85 costs (West Yorkshire case.)
  2. The defendant posted a series of anti-Semitic and anti-Muslim tweets. He pleaded guilty at the first hearing to sending by public communication network an offensive, indecent, obscene or menacing message. He was sentenced to a 12 month Community Order, a 20 day rehabilitation activity requirement and 150 hours' unpaid work, the uplift being the Community Order. He was also ordered to pay £85 costs and an £85 victim surcharge (West Yorkshire case.)
  3. The defendant was detained by security guards in a supermarket for shoplifting. He verbally abused and threatened them with violence, religiously abusing one of them. He pleaded guilty at the first hearing to theft from a shop, religiously aggravated fear or provocation of violence by words or writing and using threatening, abusive or insulting words or behaviour with intent to cause fear of or provoke unlawful violence. He was sentenced to 16 weeks' imprisonment uplifted from eight weeks, suspended for12 months. He was also ordered to pay £13 compensation to the supermarket and £260 compensation to the victim of the religious abuse (North Yorkshire case.)
  4. The defendant religiously abused the victim in the street, spitting and throwing water at her. She pleaded guilty at the first hearing to religiously aggravated intentional harassment, alarm or distress by words or writing and religiously aggravated common assault by beating. She was sentenced to a 12 month Youth Referral Order uplifted from nine months. She was also ordered to pay £120 compensation (North Yorkshire case.)
  5. The defendant religiously abused his neighbours and threatened them and their baby. He pleaded guilty at the first hearing to religiously aggravated intentional harassment, alarm or distress by words or writing. He was sentenced to a 12 month medium level Community Order uplifted from a low level order, a 20 day rehabilitation activity requirement and 80 hours' unpaid work. He was also ordered to pay £200 compensation and an £85 victim surcharge (West Yorkshire case.)
  6. The defendant pushed the victim and grabbed her headscarf. She was convicted after trial of religiously aggravated common assault by beating. She was sentenced to 12 weeks' imprisonment uplifted from eight weeks, suspended for 12 months. A Restraining Order was also imposed (West Yorkshire case.)

Racially aggravated cases:

  1. The defendant racially abused a member of staff at a petrol station. He pleaded guilty at the first hearing to racially aggravated fear or provocation of violence by words or writing. He was sentenced to six weeks' imprisonment uplifted from a high Community Order (North Yorkshire case.)
  2. The defendant racially abused a police officer. She pleaded guilty at the first hearing to racially aggravated intentional harassment, alarm or distress by words or writing. She was sentenced to a £175 fine uplifted from £140. She was also ordered to pay £85 costs, a £30 victim surcharge and £30 compensation (West Yorkshire case.)
  3. The defendant racially abused a member of staff at a bus station. He pleaded guilty at the first hearing to racially aggravated intentional harassment, alarm or distress by words or writing. He was sentenced to a £120 fine uplifted from a Band B fine. He was also ordered to pay £50 compensation and a £30 victim surcharge (West Yorkshire case.)
  4. The defendant shouted racial abuse in front of members of the public as he was being arrested. He pleaded guilty on the day of trial to racially aggravated harassment and was sentenced to a £95 fine uplifted from £75. He was also ordered to pay £220 costs and an £85 victim surcharge (West Yorkshire case.)
  5. The defendant racially abused her neighbour. She was found guilty of racially aggravated intentional harassment, alarm or distress by words or writing and was sentenced to a four month Youth Rehabilitation Order uplifted from three months (North Yorkshire case.)
  6. The defendant racially abused and assaulted a taxi driver. She pleaded guilty to racially aggravated common assault by beating and was sentenced to six weeks' imprisonment uplifted from four weeks. She was also ordered to pay £115 compensation (West Yorkshire case.)
  7. The defendant racially abused and assaulted a police officer and a PCSO while he was being arrested for motoring offences. He pleaded guilty to racially aggravated fear or provocation of violence by words or writing, assaulting a designated or accredited person, assaulting a constable in the execution of his or her duty, failing to provide a specimen for analysis and failing to surrender to police or court bail at the appointed time. He was sentenced to 16 weeks' imprisonment uplifted from 12 weeks due to the racial aggravation. He was also ordered to pay a £115 victim surcharge and was disqualified from driving for three years (South Yorkshire case.)
  8. The defendant racially abused and assaulted a security officer at a bus station. He pleaded guilty at the first hearing to racially aggravated common assault by beating and racially aggravated intentional harassment, alarm or distress by words or writing. He was sentenced to a 12 month Community Order uplifted from a fine. He was also ordered to pay £100 compensation, an £85 victim surcharge and £85 costs (West Yorkshire case.)
  9. The defendant racially abused and assaulted a hospital security guard whilst under the influence of alcohol. He pleaded guilty at the first hearing to racially aggravated common assault by beating. He was sentenced to a 12 month Community Order with a six month alcohol treatment requirement uplifted from four months and a 20 day rehabilitation activity requirement uplifted from 15 days. He was also ordered to pay £50 compensation, £85 costs and an £85 victim surcharge (South Yorkshire case.)
  10. The defendant racially abused and assaulted a member of door staff after she was removed from the pub. She was found guilty after trial of racially aggravated assault by beating. She was sentenced to a 12 month Community Order and 230 hours' unpaid work uplifted from 150 hours. She was also ordered to pay £620 costs and an £85 victim surcharge (North Yorkshire case.)
  11. The defendant racially abused the owner of a takeaway shop and tipped over a fruit machine. When he was arrested, he was found to be in possession of a Class A drug. He was charged with racially aggravated intentional harassment, alarm or distress by words or writing, criminal damage and possessing a controlled drug of Class A. He pleaded guilty at the first hearing to all offences and was sentenced to a two month Community Order with 120 hours' unpaid work uplifted from a fine. He was also ordered to pay £85 costs, an £85 victim surcharge, £127.85 for the damage and £100 compensation for the victim (North Yorkshire case.)
  12. The defendant racially abused a member of staff at a taxi rank before refusing to get out of a taxi and resisting arrest. She pleaded guilty at the first hearing to racially aggravated intentional harassment, alarm or distress by words or writing and obstructing or resisting a constable in the execution of their duty. She was sentenced to a 12 month Community Order, a 15 day rehabilitation activity requirement and 80 hours' unpaid work uplifted from 50 hours. She was also ordered to pay £85 costs and an £85 victim surcharge (North Yorkshire case.)
  13. The defendant racially abused two members of staff at a homeless shelter. He was charged with two counts of racially aggravated intentional harassment, alarm or distress by words or writing alongside theft from a shop relating to another incident. He pleaded guilty at the first hearing to all offences and was sentenced to a 12 month Community Order, a six month drug rehabilitation requirement and a ten day rehabilitation activity requirement, the uplift being the rehabilitation activity requirement. He was also ordered to pay £50 compensation to each victim (West Yorkshire case.)
  14. The defendant was seen by police following the victim in the street and trying to antagonise him by shouting racial abuse and threatening to assault him. The defendant pleaded guilty at the first hearing to racially aggravated intentional harassment, alarm or distress by words or writing. The defendant was sentenced to 16 weeks' imprisonment uplifted from 12 weeks, suspended for 12 months. He was also ordered to pay £85 costs and a £115 victim surcharge (West Yorkshire case.)
  15. The defendant became aggressive in a health centre and racially abused and threatened a security guard. He pleaded guilty at the first hearing to racially aggravated intentional harassment, alarm or distress by words or writing. He was sentenced to 26 weeks' imprisonment uplifted from 18 weeks. He was also ordered to pay a £115 victim surcharge (Humberside case.)
  16. The defendant racially abused a doctor who was threating her in hospital. She pleaded guilty at the first hearing to racially aggravated harassment, alarm or distress by words. She was sentenced to a £50 fine uplifted from £30. She was also ordered to pay a £30 victim surcharge (Humberside case.)
  17. The defendant caused a violent disturbance in a fast food restaurant and racially abused staff. He pleaded guilty at the first hearing to affray and was sentenced to 26 weeks' imprisonment uplifted from 18 weeks. He was also ordered to pay a £115 victim surcharge (North Yorkshire case.)
  18. The defendant racially abused a security guard who confronted him for shoplifting. He pleaded guilty at the first hearing to theft from a shop and racially aggravated harassment, alarm or distress by words or writing. He was sentenced to a 12 month Community order, alcohol monitoring for 60 days, a 15 day rehabilitation activity requirement and 80 hours' unpaid work uplifted from 60 hours (North Yorkshire case.)
  19. The defendant racially abused a security guard and assaulted another when she was confronted after being suspected of shoplifting. She pleaded guilty to theft from a shop, assault by beating and racially aggravated fear or provocation of violence by words or writing. She was sentenced to a 12 month Community order and a 20 day rehabilitation activity requirement uplifted from 15 days. She was also ordered to pay £100 compensation (West Yorkshire case.)
  20. The defendant racially abused his probation officer in text messages and in a phone call. He pleaded guilty at the first hearing to racially aggravated harassment without violence. He was sentenced to a 12 month Community Order, a 30 day rehabilitation activity requirement and a 12 week curfew uplifted from six weeks. He was also ordered to pay £85 costs and £100 compensation (West Yorkshire case.)
  21. The defendant racially abused and assaulted his neighbour after an argument. He was convicted after trial of racially aggravated common assault by beating and racially aggravated harassment, alarm or distress by words or writing. He was sentenced to an 18 month Community Order uplifted from 12 months, a 35 day rehabilitation activity requirement, 100 hours' unpaid work and a 12 month Restraining Order. He was also ordered to pay £620 costs (South Yorkshire case.)

Transphobic cases:

  1. The defendant sent a series of offensive, transphobic and threatening text messages to the victim and threatened to put photos of her on the internet. He pleaded guilty at the first hearing to using threatening, abusive or insulting words or behaviour to cause harassment, alarm or distress. He was sentenced to a £200 fine uplifted from £100 and a five year Restraining Order was imposed. He was also ordered to pay £85 costs and a £30 victim surcharge (Humberside case.)

Homophobic cases:

  1. The defendant verbally abused the two victims, who are in a same sex relationship. He used homophobic insults towards both victims and threatened to kill them before also racially abusing and assaulting one of them. He pleaded guilty at the first hearing to assault by beating and threats to kill. He was sentenced to two 12 month Community Orders and a 20 day rehabilitation activity requirement, uplifted from 15 days. He was also ordered to pay an £85 victim surcharge and £85 costs (Humberside case.)
  2. The defendant knocked on the victim's door and threatened the victim when he answered. When the victim closed the door, the defendant kicked the door and shouted homophobic abuse at the victim through the window. He pleaded guilty to using threatening, abusive or insulting words or behaviour to cause harassment, alarm or distress. He was sentenced to a £225 fine uplifted from £150. He was also ordered to pay a £30 victim surcharge and £85 costs (West Yorkshire case.)
  3. The defendant assaulted the two victims in the street, shouted homophobic and racist abuse at them and kicked their car causing damage. She pleaded guilty on the day of trial to racially aggravated criminal damage and two counts of racially aggravated common assault by beating. She was sentenced to a 12 month Community Order, an 18 hour attendance centre requirement uplifted from 12 hours and 150 hours' unpaid work uplifted from 100 hours. She was also ordered to pay £100 compensation to each victim and £500 compensation for the damage (West Yorkshire case.)
  4. After being confronted for shoplifting, the defendant verbally abused a security guard using homophobic terms. He pleaded guilty at the first hearing to attempted theft from a shop and using threatening, abusive or insulting words or behaviour with intent to cause fear of or provoke unlawful violence. He was sentenced to a 12 month Community Order, a 60 day alcohol abstinence monitoring requirement uplifted from 30 days and a ten day rehabilitation activity requirement uplifted from five days. He was also ordered to pay £85 costs and an £85 victim surcharge (Humberside case.)
  5. The defendant shouted homophobic abuse at her neighbours and caused damaged to their garden as part of an on-going dispute. She pleaded guilty to harassment without violence and criminal damage. She was sentenced to a 12 month Community Order, a 15 day rehabilitation activity requirement and a 40 day curfew uplifted from a 30 days. He was also ordered to pay £300 compensation and a two year Restraining Order was imposed (North Yorkshire case.)
     
    The defendant assaulted his girlfriend and acted aggressively towards a member of the public who intervened, making homophobic comments towards him. He pleaded guilty at the first hearing to assault by beating and using threatening, abusive or insulting words or behaviour with intent to cause fear of or provoke unlawful violence. He was sentenced to a 12 month Youth Referral Order with an activity requirement and a four month curfew uplifted from three months. He was also ordered to pay £85 costs and a £15 victim surcharge (South Yorkshire case.)
     
    The defendant shouted homophobic abuse at the victim in the street before assaulting him. He pleaded guilty at the first hearing to assault by beating. He was sentenced to a five month Youth Referral Order uplifted from four months. He was also ordered to pay £85 costs and £50 compensation (West Yorkshire case.)

Visit the national CPS website to read about how we prosecute hate crimes.