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CPS North East - Hate Crime Sentence uplifts - February 2021

|News, Hate crime

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, a youth, was convicted of causing intentional harassment, alarm or distress and threats to commit criminal damage after he threatened to damage his carer’s car whilst being homophobically abusive towards her. He was sentenced to a referral order for twelve months to include supervision and an electronic curfew of six months. The court announced that they had increased the sentence to reflect the fact this was a homophobic hate crime.

The Defendant, a youth, was convicted of racially aggravated abusive behaviour towards police officers and of assaulting an emergency worker. He was sentenced to a referral order of six months. The court announced they had uplifted the order from four months to reflect the racial aggravation.

The Defendant was convicted of racially aggravated criminal damage after he damaged a car and racially abused the owner. On arrest the defendant was homophobically abusive toward the officer and therefore was also convicted of intentional harassment. He was sentenced to a twelve-month community order with an exclusion requirement, an electronic curfew for eight weeks and a compensation order of £100. The court announced that it had uplifted the sentence to reflect the fact this was both a racially aggravated and homophobic crime.

The Defendant was convicted of causing intentional harassment, alarm or distress when in drink she confronted her neighbour using both racist and homophobic abuse. She was sentenced to a fine of £132. The court announced that they had uplifted the sentence by 15% to reflect the homophobic & racist aggravation.

The Defendant was convicted of using threatening and abusive behaviour intending to cause alarm and distress towards her neighbours and of assaulting several police officers during her arrest, whilst using a tirade of homophobic abuse. She was sentenced to a 24-month Community Order with rehabilitation requirements and a curfew for 30 days. She was ordered to pay compensation of £200. The court announced that the sentence had been increased to reflect the homophobic aggravation.

The Defendant was convicted of being racially threatening and abusive towards NHS staff at the Emergency Department of Cramlington Hospital. He was sentenced to 18 weeks’ immediate custody. Compensation to the victims was ordered in the total sum of £250.The court announced the sentence had been uplifted to reflect the racial aggravation.

The Defendant was convicted at the Crown Court of causing racially aggravated intentional harassment, alarm or distress towards a police officer following his arrest for drugs offences. He was sentenced to an 18-month community order with rehabilitation activities. The court announced it had uplifted the sentence to reflect the racial aggravation.

The Defendant was convicted after trial of racially aggravated criminal damage after a confrontation with a neighbour during which he used racist language and threw something at her car and damaged her garden table. He was sentenced by magistrates to an 18-month community order with rehabilitation activities and ordered to pay compensation of £100. A twelve-month restraining order was made. The court announced it had uplifted the sentence from a shorter community order to reflect the racial aggravation.

The Defendant was convicted after trial of causing racially aggravated harassment, alarm or distress towards the victim after he encountered her in the street and shouted racist abuse towards her. He was sentenced to an 18-month community order and ordered to pay compensation of £50. The court announced the sentence had been uplifted to reflect the racial aggravation.

The Defendant was convicted of intentional racial harassment towards the victim after he had racially insulted her when she refused to give him money whilst waiting in a supermarket queue. He was sentenced to a community order for twelve months with a curfew of twelve weeks. The court announced the sentence had been uplifted to reflect the racial aggravation.

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