CPS North East Hate Crime Uplifts - March 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 causing criminal damage to his Mother’s property and racially aggravated harassment alarm and distress, when he uttered racial abuse towards a police officer who was arresting him. He was sentenced to a six-month Youth Rehabilitation Order with activity requirements added as an uplift in sentence to reflect the racial aggravation.
The Defendant was charged with offences of assaulting emergency workers and criminal damage to a police cell when he punched, kicked and spat at officers, using homophobic abuse in the process before also causing damage to the police cell. Upon conviction the defendant was sentenced to 14 weeks' imprisonment suspended for 12 months, and the court announced this had been uplifted by two weeks to reflect the homophobic aggravation.
The Defendant was charged with theft and assaults after he forced his way into the home of an ex-partner assaulted her and a friend whilst uttering homophobic abuse. He was convicted and sentenced to 26 weeks' imprisonment suspended for 12 months with curfew, unpaid work and rehabilitation activities. The Crown court announced this term had been uplifted by four weeks due to the homophobic aggravation.
The Defendant was charged with racially aggravated intentional harassment alarm and distress when she shouted insulting and derogatory words towards a taxi driver. Upon conviction she was given a community order for 12 months with curfew and further ordered to do unpaid work of 60 hours to reflect the racial aggravation.
The Defendant was convicted of racially aggravated intentional harassment, alarm or distress when, in a drop-in meeting for asylum seekers, he has referred to others in an insulting and derogatory manner using racist language. He was fined £52, which the court announced was an uplift from a conditional discharge to reflect the racial aggravation.