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CPS North East - Hate Crime Sentence uplifts Oct - Nov 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 an unprovoked assault on a female in a bar whilst he was drunk, and of intentional harassment towards a female member of security who intervened. During the course of the offences he was homophobically abusive. He was sentenced to a 12-month community order with rehabilitation requirement activities. He was fined £276 and ordered to pay compensation. The court announced that it had uplifted the sentence to reflect the homophobic aggravation.

The defendant was convicted of racially aggravated intentional harassment and of assaulting an emergency worker, after he kicked his arresting officer and racially abused her. He was sentenced to 12 weeks’ imprisonment. The court announced that it had uplifted the sentence to reflect the racial aggravation. 

The defendant was convicted of thefts and racially aggravated intentional harassment after he stole from a store on consecutive days and, when challenged, was racially abusive towards staff. He was sentenced to 28 weeks’ imprisonment, made to pay compensation to the staff in the sum of £100 and also pay the cost of the stolen items in the sum of £71.94. The court announced that they had uplifted the sentence to reflect the racial aggravation. 

The defendant was convicted of assaulting his partner and of racially aggravated intentional harassment towards a member of staff at a takeaway and towards an arresting police officer. Following an abusive rampage at the takeaway the defendant assaulted his partner, who tried to intervene, and then racially abused the officer making the arrest by demanding to speak to ‘white officers’. He was sentenced to a 12-month community order with rehabilitation requirement activities and unpaid work. He was ordered to pay compensation to the officer and to a member of the takeaway staff in the sum of £200 each. The court announced that the sentence had been increased to reflect the racial aggravation.

The defendant was convicted of threatening behaviour towards a police officer to whom he also made lewd homophobic comments. He was sentenced eight weeks’ imprisonment suspended for 18 months with rehabilitation requirement activities. He was also made the subject of a Community Behaviour Order for two years. The court announced the sentence had been uplifted to reflect the homophobic aggravation. 

The defendant was convicted of intentional harassment of his neighbour which included a tirade of transgender abuse. he was sentenced to a 12-month community order with rehabilitation requirement activities and unpaid work. The court announced that the sentence had been uplifted to reflect the transgender aggravation.

The defendants - youths - were convicted of burglary after they entered a vacant property and caused extensive damage within. They were also convicted of intentional racial harassment after they then entered a takeaway and behaved in a disorderly manner threatening and racially abusing members of staff and tearing up menus. One defendant also faced a conviction for communication offences when he followed up the incident at the takeaway by issuing threats and transgender abuse on Facebook. He was sentenced to a 12-month conditional discharge to run alongside an existing referral order. The other youth was sentenced to an eight-month referral order. The court announced it had uplifted the sentences to reflect the hate aggravation.

The defendant was convicted of racially aggravated intentional harassment after she subjected a neighbour to a tirade of racist abuse. She was given a 12-month conditional discharge, which the court announced had been uplifted by 50% to reflect the racial aggravation.
 

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