CPS North East - Hate Crime Uplifts, April 2020

|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 harassment and sending indecent communications which included transphobic abuse. He was sentenced at Newcastle Crown Court to a total of 22 months' imprisonment for this and other offending. The Judge announced that he had uplifted the sentence to reflect the Transphobic hostility.

The Defendant was convicted of assaulting a police officer and causing harassment alarm and distress towards health care professionals, using homophobic language towards them. He was sentenced to six months' imprisonment, suspended for 12 months, with unpaid work and rehabilitation activities, plus a fine of £60. The court announced an uplift in sentence due to the homophobic aggravation.

The Defendant was charged with racially aggravated fear and provocation of violence when kicked out and shouted insulting and derogatory words towards a shop security officer. He was also charged with assaulting two others and causing criminal damage. Upon conviction he was sentenced to 18 weeks' imprisonment. The court announced it would have been 8 weeks but for the racial aggravation.

The Defendant was convicted of assaulting his son whilst uttering homophobic abuse. He was given a 12-month community order with rehabilitation activities with a four-week exclusion order from licensed premises to reflect the homophobic aggravation.

The Defendant was charged with racially aggravated intentional harassment, alarm or distress after he made repeated abusive and threatening comments towards a police officer which included a tirade of racist language. He was sentenced to 10 weeks' imprisonment which had been uplifted by 50% to reflect the racial aggravation.

The Defendant was convicted of racially aggravated assault towards a shop owner and racially aggravated harassment alarm and distress towards a police officer. He was sentenced to fines of a total of £216 which the court announced had been uplifted to reflect the racial aggravation.

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