CPS North East - Hate Crime Sentence Uplifts - April 2022
Under hate crime legislation the courts must pass increased sentences where prosecutors evidence that offences either demonstrate or have been motivated by hostility towards a person’s race, religion, disability, transgender identity or sexuality. Below are examples of hate crime cases recently prosecuted by CPS North East, each of which resulted in a conviction and an uplifted sentence.
The defendant was convicted of racially aggravated intentional harassment alarm and distress after he was captured on video racially abusing and insulting a customer in a restaurant. The prosecution proceeded without the account of the victim but on other supporting evidence. He was sentenced to eight weeks’ imprisonment suspended for twelve months. The court announced that it had significantly uplifted the sentence to reflect the racial aggravation.
The defendant was convicted of racially aggravated intentional harassment towards a police officer. He was sentenced to ten weeks’ immediate imprisonment. Compensation in the sum of £100 was awarded to the officer. The court announced it had uplifted the sentence by increasing the number of weeks of imprisonment to reflect the racial aggravation.
The defendant was convicted of being drunk and disorderly and resisting arrest after he remonstrated with arresting officers, throwing punches, and using homophobic abuse. He was sentenced to a fine of £120. The court announced that it had increased the fine to reflect the homophobic aggravation.
The defendant was convicted of sending a malicious communication after he wrote a letter to the victim containing foul and abusive disability-related abuse from prison. He was sentenced to a 12-month community order with unpaid work. The court announced that they had uplifted the sentence to reflect the hate crime element. A restraining order was imposed for two years.
The defendant was convicted of behaving in a homophobically abusive manner towards police officers and staff at Sunderland Royal Hospital. He was sentenced to a community order for twelve months with rehabilitation activities. The court announced that they had uplifted the sentence from a fine to a community order to reflect the homophobic aggravation.
The defendant was convicted of threatening and abusive behaviour including homophobic abuse towards a neighbour. She was sentenced to a fine of £162 and ordered to pay compensation to the victim in the sum of £100. The court announced that the sentence had been uplifted to reflect the homophobic aggravation.
The defendant was convicted of racially aggravated intentional harassment and assault towards a family member after he attended her home address intoxicated and made threats to harm her and when challenged pushed her over and used foul and racially abusive language towards her. He was sentenced to 16 weeks’ imprisonment suspended for twelve months. A restraining order for twelve months was imposed. The court announced it had uplifted the sentence by increasing it from a community order to reflect the racial aggravation.