CPS North East: Hate Crime Sentence uplifts - March 2021
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 Defendants were convicted of an unprovoked racially aggravated assault and criminal damage, after they pushed and punched the victim who was passing them on his way to work early one morning. A can of lager was thrown at him, damaging his glasses and earphones. Both were sentenced to community orders with rehabilitation requirements, unpaid work and for one defendant a curfew for 16 weeks. A compensation order was made in favour of the victim. The court announced that they had increased the sentence to reflect the fact this was a hate crime.
The Defendant was convicted of intentional racial harassment towards a door supervisor after he was evicted from a club. He was sentenced to a Community Order for 18 months with 120 hours of unpaid work added to reflect the racial aggravation.
The Defendant was convicted of intentional harassment towards a neighbour to whom he used disablist comments and abuse. He was sentenced to 18 weeks’ imprisonment. A restraining order for 24 months was made. The court announced that it had uplifted the sentence by a third to reflect the fact this was a disability hate crime.
The Defendant, a Youth, was convicted of using homophobic threatening and abusive behaviour towards the victim and of threats to commit criminal damage following an argument. He was sentenced to a twelve-month Youth Rehabilitation Order with a curfew of six months. The court announced that they had uplifted the sentence reflect the homophobic aggravation.
The Defendant was convicted of using abusive homophobic language towards a police officer after he had been arrested for dishonesty offences for which he was also convicted. He was sentenced to twelve weeks’ imprisonment. 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 a store security guard. He was sentenced to a compensation order in the sum of £100, a Community Order for 18 months with rehabilitation activities and a fine of £100. The court announced the sentence had been uplifted from a conditional discharge to reflect the racial aggravation.
The Defendant was sentenced to three months’ Youth custody at the Crown Court after he was convicted of racially aggravated harassment towards a female in shared accommodation. The Court announced that the sentence had been custody to reflect the racial aggravation.
The Defendant was convicted of racially aggravated intentional harassment after he racially abused his neighbour following a longstanding neighbour dispute. He was sentenced at the Crown Court to 28 days’ imprisonment. The court announced it had sentenced to reflect the racial aggravation.
The Defendant was convicted of theft, criminal damage and racially aggravated harassment. Having been ejected from a store for stealing, the defendant broke the store windows and racially abused the store owner. He was sentenced to a community order for twelve months with rehabilitation requirements and ordered to pay compensation in the sum of £240. The court announced the sentence had been uplifted to reflect the racial aggravation.