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CPS North East - Hate Crime Sentence uplifts - January 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 was convicted of assault by beating after he assaulted the disabled victim and tipped her from her wheelchair, after which he grabbed the IPs emergency alarm and dangled it in front of her saying ‘what are you going to do now’. He was sentenced to a community order for 30 months with rehabilitation requirements and a fine of £250. A compensation order was made in favour of the victim. The defendant was made the subject of a restraining order for two years. The court announced that they had increased the sentence to reflect the fact this was a disability hate crime.

The Defendant was convicted of using abusive homophobic language in a hospital whilst waiting for an assessment. He was sentenced to a fine of £100 and ordered to pay compensation of £50. The court announced they had uplifted the fine from a lower band to reflect the hate aggravation. The defendant was made the subject of a restraining order for two years.

The Defendant was convicted of assault by beating after she pushed over a disabled shop supervisor and kicked her crutch away. She was also convicted of an attempt theft from the store and of assaulting officers who responded to the incident. She was sentenced to 16 weeks’ imprisonment suspended for 18 months. A compensation order for £150 was made. The court announced that it had uplifted the sentence by 25% to reflect the fact this was a disability hate crime.

The Defendant was convicted of harassment without violence after a campaign of harassment towards the victim, some of it online, which included homophobic abuse. He was sentenced to an 18-month Community Order with rehabilitation activities. A restraining order was made for three years. The court announced that they had uplifted the sentence from 12 to 18 months to reflect the homophobic aggravation.

The Defendant was convicted of using abusive homophobic language towards a police officer after he had been arrested for numerous dishonesty offences, for which he was also convicted. He was sentenced to eight weeks’ imprisonment, suspended for 18 months, with drug and other rehabilitation activities. 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 her neighbour. She was sentenced to a Community Order for 18 months with rehabilitation activities and a fine of £100. The court announced the sentence had been uplifted from twelve to 18 months to reflect the racial aggravation.

The Defendant was convicted of racially aggravated criminal damage and of being racially threatening and abusive after unprovoked threats of violence and racial insults were made towards the victim (a stranger to him) and criminal damage was caused to his car. He was also convicted of assaulting officers who responded to the incident. He was sentence to nine months’ imprisonment, suspended for twelve months, with rehabilitation activities and a compensation order in favour of the victim in the sum of £500.

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