CPS Yorkshire and Humberside: Hate crime sentence uplift examples, April-June 2019

|News, Hate crime

Under hate crime legislation the courts must pass increased sentences where prosecutors evidence that offences have been motivated by hostility towards a person’s race, religion, disability, transgender identity or sexuality. Below are examples of hate crime cases prosecuted by CPS Yorkshire and Humberside between April 2019 and June 2019 which resulted in a conviction and an uplifted sentence.

Disability hate crime cases

1.    The two defendants were the victim’s carers. They were captured on CCTV treating the victim, who is bed bound and has dementia, in a rough, aggressive and mocking manner. Both defendants pleaded guilty to assault at the first hearing and were sentenced to 200 hours’ unpaid work uplifted from 100 hours. North Yorkshire

Religiously aggravated cases

1.    The defendant had a meal in a restaurant but did not have the funds to pay for it. He became religiously abusive and then assaulted a police officer after his arrest. He pleaded guilty on the day of trial to causing religiously aggravated harassment, alarm or distress and assaulting an emergency worker. He was sentenced to a six-month Community Order for the assault and a £120 fine for the religiously aggravated offence uplifted from £80. He was also ordered to pay £85 costs and an £85 victim surcharge. Humberside

2.    Whilst in custody in connection with other matters, the defendant racially and religiously abused a detention officer in his cell. He pleaded guilty at the first hearing to causing racially aggravated intentional harassment, alarm or distress and a further offence of religiously aggravated intentional harassment, alarm or distress. He was sentenced to a nine-month Youth Referral Order uplifted from six months. West Yorkshire

3.    The first defendant religiously abused a taxi driver and assaulted him. The second defendant restrained the victim during the assault and drove his taxi a short distance before leaving the scene. They both pleaded guilty on the day of trial to religiously aggravated common assault. The first defendant was sentenced to 16 months’ imprisonment uplifted from five months and the second defendant was sentenced to 13 months’ imprisonment, also uplifted from five months. West Yorkshire

Racially aggravated cases

1.    The victim arrived at an address to collect a taxi fare. The defendant approached the taxi and was racially abusive towards the victim punching him to the face several times through the open window of the taxi. After assaulting the victim, the defendant returned to the address and continued to racially abuse the victim by shouting at him from an upstairs window. The defendant was charged with causing racially aggravated intentional harassment, alarm or distress, and causing racially aggravated actual bodily harm. The defendant was convicted after trial and was sentenced to a total of nine months’ imprisonment uplifted from six months. West Yorkshire

2.    The victim is a security guard who witnessed the defendant shoplifting. When the victim confronted the defendant he became aggressive and racially abused the victim. The defendant pleaded guilty to causing racially aggravated intentional harassment, alarm or distress. The defendant was sentenced to eight months’ imprisonment, uplifted from four months. West Yorkshire

3.    The victim was walking home when he was approached by the defendant. The defendant tried to goad the victim into fighting with him and used racially abusive language. The defendant punched the victim to the head and knocked him to the floor. He then continued to assault the victim by kicking and stamping on his head whilst racially abusing him. The defendant pleaded guilty to causing racially aggravated actual bodily harm. He was sentenced to 18 months’ imprisonment uplifted from 12 months. West Yorkshire

4.    The defendant racially abused the two victims in a shop. She threatened them with a knife and chased them around the shop. She pushed one victim and cut the hand of the other victim before they managed to disarm her. She was detained at the shop until the police arrived and was abusive to the officers. She pleaded guilty on the day of trial to racially aggravated assault occasioning actual bodily harm, racially aggravated assault by beating and threatening another with an article with a blade or point. For the latter, she was sentenced to a 12-month Community Order with a 30 day Rehabilitation Activity Requirement. The uplift was that this was a direct alternative to custody.  For the racially aggravated offences, she was sentenced to a £40 fine on each count uplifted from no separate penalty. West Yorkshire

5.    The defendant was abusive to hospital staff, racially abusing a doctor who was treating her for a suspected drugs overdose. She continued to be abusive when the police arrived and bit one of the officers. She pleaded guilty to using threatening or abusive words or behaviour likely to cause harassment, alarm or distress, causing racially aggravated harassment, alarm or distress and assaulting a constable. She was sentenced to an 18-month Community Order with a 30-day Rehabilitation Activity Requirement and she was ordered to pay £50 compensation. The uplift was an additional £10 fine. West Yorkshire

6.    The three defendants were part of a gang who were throwing things at the victims’ house. They assaulted the three victims when they came outside. This was in front of two PCSOs who captured the assaults on their body worn video cameras. Some racist comments from one of the defendants at the time of the assault were captured on the video. Two of the defendants pleaded guilty to inflicting grievous bodily harm. One was sentenced to 18 months’ detention suspended for two years with a 25-day Rehabilitation Activity Requirement. The other was sentenced to a three-year Youth Rehabilitation Order, three years’ supervision, a 15-day Rehabilitation Activity Requirement and 100 hours’ unpaid work. The third defendant pleaded guilty to racially aggravated unlawfully inflicting grievous bodily harm. He was sentenced to a three year Youth Rehabilitation Order with three years’ supervision, a 15-day Rehabilitation Activity Requirement and 200 hours’ unpaid work uplifted from 100 hours. West Yorkshire

7.    The defendant racially abused a shopkeeper and threatened him with a knife after the victim challenged him over being barred from the shop. He pleaded guilty at the first hearing to racially aggravated causing fear of violence and possession of a knife, blade or sharp pointed article in a public place. He was sentenced to eight months’ imprisonment uplifted from six months. West Yorkshire

8.    The defendant racially abused a shopkeeper and threatened him with a screwdriver in an attempt to commit a robbery. He pleaded guilty at the first hearing to attempted robbery and causing racially aggravated intentional harassment, alarm or distress. He was sentenced to a total of 40 months’ imprisonment which included a concurrent sentence of 15 months for the racially aggravated offence, uplifted from six months. West Yorkshire

9.    The defendant racially abused the victim before assaulting him. He continued to use racist language throughout the assault, which resulted in serious injury. He pleaded guilty on the day of trial to breach of bail and wounding with intent (for which there is no specific racially aggravated offence). He was sentenced to nine years and nine months’ imprisonment, which included an uplift of ten months. There was also an extension of four years for being a dangerous offender taking his total sentence to 13 years and nine months. West Yorkshire

10.    The defendant racially abused a security guard in a hospital when he was asked to leave due to his aggressive behaviour. He pleaded guilty at the first hearing to causing racially aggravated intentional harassment, alarm or distress. He was sentenced to three months’ imprisonment uplifted from one month. West Yorkshire

11.    The defendant assaulted his friend after an argument and then racially abused a police officer on arrest. He pleaded guilty at the first hearing to assault occasioning actual bodily harm and causing racially aggravated harassment, alarm or distress. He was sentenced to a total of ten months' imprisonment suspended for 12 months with 100 hours’ unpaid work and a ten day Rehabilitation Activity Requirement. This included one month for the racially aggravated offence uplifted from a high level Community Order. West Yorkshire

12.    The defendant racially abused one of the police officers who attended the scene of a fight involving the defendant. He resisted arrest and continued to racially abuse the officer on the way to the police station and whilst in custody. The defendant was in possession of cannabis. He pleaded guilty on the day of trial to causing racially aggravated intentional harassment, alarm or distress and possession of a Class B drug. He was sentenced to nine months’ imprisonment uplifted from two months. West Yorkshire

13.    The defendant racially abused a member of staff at a hospital. He pleaded guilty to causing racially aggravated intentional harassment, alarm or distress. He was sentenced to nine months’ imprisonment uplifted from three months. Humberside

Homophobic hate crime cases

1.    Whilst in custody, the defendant verbally abused the arresting officers and used homophobic language towards one officer. The defendant pleaded guilty to using threatening, abusive, insulting words, behaviour to cause harassment, alarm or distress. He was sentenced to a 12-month Community Order which included 200 hours’ unpaid work uplifted from 120 hours. He was also ordered to pay £150 compensation to the victim, uplifted by 30 percent. North Yorkshire

2.    The defendant banged on the victim’s door in the middle of the night and made threats to kill him and himself. He also made homophobic comments. He pleaded guilty at the first hearing to harassment without violence and using threatening, abusive or insulting words or behaviour with intent to cause fear of or provoke unlawful violence. He was sentenced to a total of eight weeks’ imprisonment uplifted from six weeks. A two-year Restraining Order was also imposed. West Yorkshire

3.    The defendant was caught shoplifting. He was apprehended by three security guards. He was racially abusive to one security guard and he made homophobic comments to another. He assaulted all three security guards by pushing, spitting and biting. He pleaded guilty at the first hearing to theft from a shop, two counts of assault by beating and two counts of racially aggravated common assault by beating. He was sentenced to a 12-month Community Order with a 15-day Rehabilitation Activity Requirement, six months’ drug rehabilitation and 60 hours’ unpaid work. The uplift was the unpaid work. He was also ordered to pay £100 compensation to each victim. South Yorkshire

4.    The defendant was told he was being evicted from supported housing by the victim and he subsequently became aggressive and abusive and made homophobic comments to the victim. He pleaded guilty on the day of trial to common assault and failing to surrender. He was sentenced to a 12-month Community Order with a 30-day Rehabilitation Activity Requirement uplifted from 25 days. He was also ordered to pay £85 costs and an £85 victim surcharge. West Yorkshire

5.    The defendant became aggressive towards the victim after they had been out drinking together. She then threw a bottle at his window causing it to crack and she vandalised his car. When the police arrived, she resisted arrest. She pleaded guilty at the first hearing to criminal damage, using threatening, abusive or insulting words or behaviour to cause harassment, alarm or distress and obstructing or resisting a constable. She was sentenced for these matters and other outstanding matters at the same time. She was sentenced to a total of 18 weeks’ imprisonment. She received a four-week custodial sentence for the homophobic offence uplifted from two weeks. She was also ordered to pay a £115 victim surcharge. West Yorkshire

6.    The defendant assaulted the victim after verbally abusing him using homophobic language. He pleaded guilty at the first hearing to assault by beating. He was sentenced to a 28-day curfew uplifted from 21 days. Humberside

7.    The defendant crashed his car, refused to be breathalysed and verbally abused a police officer using homophobic language. He pleaded guilty at the first hearing to three motoring offences and to using threatening, abusive or insulting words or behaviour to cause harassment, alarm or distress. He was sentenced to a 20-month driving disqualification and six weeks’ imprisonment uplifted from four weeks. West Yorkshire

8.    The defendant was verbally abusive to the two victims in the street and used homophobic language. He pleaded guilty to two counts of using threatening, abusive or insulting words or behaviour to cause harassment, alarm or distress. He was sentenced to a £175 fine uplifted from £140. He was also ordered to pay £50 compensation to each victim, £85 costs and a £30 victim surcharge. West Yorkshire

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