CPS North East - Hate Crime Sentence Uplifts - May 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 a series of offences including racially aggravated criminal damage, homophobic assault causing actual bodily harm and affray. This followed an unprovoked incident in the street, in which he drunkenly assaulted and abused members of the public, some of it racist and homophobic, in the presence of children. He was sentenced to 48 weeks’ imprisonment. Compensation to the total of £600 was ordered to be paid to the victims. The court announced that it had significantly uplifted the sentence to reflect the racial and homophobic aggravation.

The defendant was convicted of racially aggravated assault by beating after an altercation with a motorist, during which he hit the victim with a golf club whilst using racist abuse towards him. He was sentenced to 22 weeks’ immediate imprisonment. The court announced it had uplifted the sentence, increasing the imprisonment by ten weeks to reflect the racial aggravation.

The defendant was convicted of racially aggravated common assault of a police officer whom he repeatedly tried to headbutt whilst making numerous racist comments. He was sentenced to 16 weeks’ imprisonment, suspended for twelve months, and ordered to pay compensation in the sum of £250. The court announced that it had increased the sentence to reflect the racial aggravation.

The defendant was convicted of intentional harassment alarm distress after behaving in a homophobically abusive manner towards staff at a takeaway. He was sentenced to a fine of £400 and ordered to pay £50 compensation to each of the victims. The court announced that they had uplifted the sentence to reflect the homophobic aggravation.

The defendant was convicted of racially aggravated harassment after he used racist language towards a Portsmouth FC player during the Sunderland and Portsmouth match at the Stadium of Light. He was sentenced to a fine of £250. The court announced that the sentence had been uplifted to reflect the racist nature of the offence.

The defendant was convicted of assault and of intentional harassment alarm distress. Having been arrested for the assault following a street fight, once inside the police van he issued a torrent of homophobic abuse towards the arresting officer. He was sentenced to a fine of £1350 and ordered to pay compensation to the officer of £50. The court announced it had uplifted the sentence to reflect the homophobic aggravation.

The defendant was convicted of racially aggravated threatening behaviour following racist threatening abuse towards security staff at a bar. He was sentenced to a twelve-month community order with 100 hours of unpaid work and ordered to pay £300 to each victim. The court announced it had uplifted the sentence to reflect the racial aggravation.

The defendant was convicted of sending offensive messages via a public network after he repeatedly sent discriminatory comments about his victims on social media and YouTube over a period of years, many of which were of a disablist and homophobic nature. He was sentenced to 26 weeks’ imprisonment. A restraining order was made for five years. The court indicated they had taken account of the disablist and homophobic nature of the offending in sentencing.

The defendant was convicted after trial of racially aggravated assault by beating, racially aggravated criminal damage and racially aggravated public order after an incident in a taxi whereby he was racially abusive, caused criminal damage and assaulted the driver. He was sentenced to a community order with a curfew of eight weeks. A total of £300 was ordered to be paid to the victims. The court announced that it had uplifted the sentence from a fine to a community order to reflect the racial aggravation.