CPS North East - Hate Crime sentence uplifts - July 2020
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 causing racially aggravated intentional harassment, alarm or distress when he used insulting and derogatory racist language towards a Paramedic at the Royal Victoria Infirmary. He was sentenced to six weeks’ imprisonment, which was suspended for twelve months and the court announced the sentence had been uplifted to reflect the racial aggravation.
The Defendant, a youth, was convicted of racially aggravated threatening behaviour towards a local shop owner when he raised a stick towards him whilst using racist language. He was sentenced to an eleven-month referral order which the court announced had been uplifted by three months due to the racist nature of the offending.
The Defendant was convicted of causing racially aggravated intentional harassment, alarm or distress for a tirade of racial abuse towards a door supervisor. She was sentenced to a fine of £200, which the court announced had been uplifted to reflect the racial aggravation.
The Defendant was convicted at the Crown Court of threats to kill, threats to cause criminal damage and wounding with intent which was found to be racially aggravated by reason of racist hostility demonstrated at the time of the assault. He was sentenced to a total of nine years and four months’ imprisonment. The Judge announced that the sentence had been uplifted to reflect the racial aggravation.
The Defendant who was the subject of a Community Protection Notice for continuous anti-social behaviour was convicted of breaching the Notice when she was verbally abusive to her neighbour, which included disability abuse. She was sentenced to a fine of £120 which the court announced had been uplifted to reflect the disability aggravation.
The Defendant was convicted of three assaults when she attacked three police officers during a search for weapons. During one assault she used homophobic language towards the officer. She was sentenced to a twelve-month Community Order with rehabilitation activities of 25 days and a fine of £184.The court announced that the total number of rehabilitation activity days had been increased by one third to reflect the homophobic aggravation.