CPS North East - Hate Crime Sentence uplifts - October 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, a youth, was convicted of assault when she approached the victim, calling him homophobic names, then followed him through the town centre before rubbing chewing gum in his hair. She was sentenced to a six-month referral order. The court announced this had been uplifted from four months to reflect the homophobic aggravation.
The Defendant, a youth, was convicted of sending racially and religiously aggravated offensive communications via Facebook. He was sentenced to a four-month referral order which had been uplifted from three months to reflect the racial/religious aggravation.
The Defendant was convicted of harassment after a series of incidents where he verbally abused the victim for his transgender identity. He was sentenced by Magistrates to a twelve-month community order with rehabilitation activities and a curfew. The court announced the sentence had been increased to reflect the transphobic aggravation.
The Defendant was convicted of racially aggravated common assault when he raised a bottle towards the victim whilst racially insulting him. He was sentenced to an 18-month community order with rehabilitation activities and a nine-month exclusion order from the victim’s shop. The court announced that the sentence had been uplifted to reflect the racial aggravation.
The Defendant was convicted of using threatening and abusive behaviour towards a disabled female victim who had intervened when the defendant was seen to be harassing shoppers in a queue. He was sentenced to a fine of £120.The Court announced that the fine had been doubled to reflect the disability aggravation.
The Defendant was convicted of racially aggravated harassment for conducting a campaign of harassment over twelve months towards the victim which included racial abuse and aggression. She was sentenced to 16 weeks’ imprisonment suspended for two years with a community order, rehabilitation activities and unpaid work. The court ordered her to pay £500 compensation to the victim. The court announced that they had uplifted the term of imprisonment from twelve to 16 weeks to reflect the racial aggravation. The victim had attended court to read her victim personal statement to the court on sentence.
The Defendant was convicted of racially aggravated harassment after he attended McDonalds and racially abused a member of staff. He was sentenced to a fine of £415 and made to pay compensation of £200 to the victim. The court announced that the sentence fine had been increased from a discharge to a fine to reflect the racial aggravation.
The Defendant was convicted of assaulting a police officer and being drunk and disorderly for his abusive & aggressive behaviour in the street which included the use of homophobic insults. He was sentenced to four months’ imprisonment, suspended for six months, with a community order and a 12-week curfew.