CPS West Midlands: Successful Hate Crime Cases March 2022
In March 2022, CPS West Midlands Magistrates' and Crown Court units successfully prosecuted various hate crime cases. Below are just a handful of the cases we prosecuted.
The victim and defendant share a house with multiple occupations. Toward the end of 2021, the victim was preparing food in the kitchen when she was approached by the defendant, who spat in her food and told her he hoped she didn't like it. The incident was reported to the police, who arrested him. He knocked on her door in the early hours of the morning in early January and subjected her to abuse, including telling her that he despised everyone who practised her religion. He also used racial slurs against her. The defendant pleaded not guilty to the charge of religiously aggravated harassment.
Following a trial at Coventry Magistrates’ Court in February 2022, he was found guilty and sentenced to 12 weeks in prison. He was told that the sentence had been increased from eight weeks to reflect the hate crime. He was also ordered to pay the victim £300 in compensation.
The defendant pleaded guilty to two offences of racially aggravated harassment alarm and distress after he subjected police officers to racial abuse after he was arrested. He was sentenced at 2 March 2022 at Wolverhampton Crown Court, and the judge acknowledged that this was an escalation in racist and drunken behaviour.
The defendant pleaded guilty to an offence of racially aggravated harassment alarm and distress after he racially abused a male who was waiting in line for a taxi. At the sentencing at Warwick Crown Court on 8 March 2022, the judge increased the fine from £100 to £400 to reflect the racist element.
On 27 February 2021 the 13-year-old victim was travelling on a train when he was threatened by a youth who made transphobic remarks towards him. The youth then threw him to the floor and stamped on his head then lifted him up and punched him repeatedly to the face. Another youth joined the first youth in assaulting the victim by stamping and kicking him. Both were charged with section 47 assault. One youth pleaded guilty at the first hearing on 9 February 2022 and the other was sentenced on 16 March 2022. Both received a nine-month referral order and were informed that this had been increased by three months to reflect the hate crime. They were also ordered to pay £50 compensation to the victim.
On the 27 February 2021, the defendant caused a disturbance outside his ex-partner’s address. He threatened the son of one of the neighbour’s who had attended as his mother was distressed. The police were called and he was asked to leave. Instead of leaving he made a number of threats. He was arrested and directed homophobic abuse at one of the officers before drawing phlegm in his mouth as if he was about to spit at them. He was charged with a s4 public order offence for his conduct outside the address, a s4A public order offence to reflect his conduct towards the officers and obstructing a police officer. The defendant was eventually convicted after the trial at Newcastle-Under-Lyme Magistrates’ Court and was sentenced on 22 March 2022 after failing to attend court a number of times. He received a 16 week sentence for the hate crime, uplifted from 12 weeks, a concurrent three week sentence for the s4 outside his ex-partner’s address and a concurrent eight week sentence for obstructing the officers.
The defendant entered an Asda store in Wolverhampton with a dog on 19 August 2021 and a member of staff informed him that dogs were not permitted in the store. The defendant left the store, and a member of staff discovered that he had been barred from entering. Shortly after, the defendant reappeared, this time with the dog. The member of staff reiterated that dogs were not permitted in the store, and he also informed the defendant that he had been barred from entering the premises. The defendant swore at him, cursed at him, and shouted in his face.
On 23 March 2022, the defendant pleaded guilty in court to a racially aggravated s4A public order offence. He was sentenced to 20 weeks in prison, suspended for two years. He was informed that the length of his incarceration had been increased from 10 weeks to 20 weeks to reflect the hate crime.
He was also ordered to complete a 30-day rehabilitation activity requirement, banned from going within 100 metres of the store for two years and ordered to pay £200 compensation.
The defendant pleaded guilty to an offence of causing racially aggravated alarm, harassment or distress. Upon leaving her address for work, the victim was subjected to a torrent of racial abuse form the defendant, which caused her to fear for her safety. Luckily, she was able to take refuge in the taxi that arrived to collect her. On 29 March 2022, at Worcester Crown Court, the judge sentenced the defendant to a community order including a period of curfew, which he uplifted from three months to eight months to take into account the racially aggravated element of the offence.
The defendant attended a football match between Birmingham City and West Bromwich Albion on 15 October 2021. He made racial gestures toward Birmingham City supporters which he denied but was convicted after the trial on 30 March 2022, at Dudley Magistrates' Court. He was fined £750 for a racially aggravated s5 public order offence. He was informed that the fine had been raised from £500 to reflect the hate crime.
He was also ordered to pay £620 in costs and a £75 victim surcharge. A three-year football ban was also imposed.
Following the Euro finals on 11 July 2021, the youth defendant tweeted a racist remark about Marcus Rashford. He pleaded guilty and was sentenced at Kidderminster Magistrates' Court on 30 March 2022. He was sentenced to six weeks in a young offender institution and was informed that his sentence had been increased to reflect the hate crime.
A restraining order was also issued, which barred him from contacting Mr Rashford directly or indirectly for the next five years.