CPS Yorkshire and Humberside hate crime sentence uplift examples - Cases finalised August 2022

Under the hate crime legislation, courts must treat offences more seriously where there is evidence that the offender demonstrated hostility on the basis of the victim’s actual or presumed race, religion, disability, transgender identity or sexual orientation, or the offence was motivated on the basis of hostility towards one of these characteristics. Below are some examples of hate crime cases prosecuted by CPS Yorkshire and Humberside in August 2022 which resulted in a conviction and an uplifted sentence.

Racially aggravated cases:

1.    The defendant was an in-patient at the hospital and was racially abusive towards a number of staff. The defendant pleaded guilty in the Magistrates’ Court to three charges of using racially aggravated threatening, abusive or insulting words or behaviour in public which may result in someone present fearing the use of immediate unlawful violence. He was sentenced to 12 weeks’ imprisonment, uplifted from eight weeks (Humberside Case.)

2.    The defendant’s car was blocked in a car park, and he was racially abusive towards the owner of the van blocking him in.  He was found guilty after trial in the Magistrates’ Court of using racially aggravated threatening, abusive or insulting words or behaviour in public with the intent to cause someone present to fear the use of immediate unlawful violence and using racially aggravated threatening, abusive or insulting words or behaviour in public which may result in someone present fearing the use of immediate unlawful violence. He was sentenced to a Community Order of 60 hours, uplifted from 40 hours and ordered to pay £620 court costs and £100 compensation to the victims (Humberside case.)

3.    The defendant was asked to leave a takeaway as the store was closing. He spat at the owner and was racially abusive towards him, he then became violent and was eventually pushed out of the shop. He pleaded guilty on the day of the trial in the Magistrates’ Court to Racially Aggravated common assault. He was sentenced to ten weeks’ imprisonment, uplifted from eight weeks and ordered to pay £100 compensation and £128 victim surcharge and £300 costs (North Yorkshire case.) 

4.    The defendant became aggressive towards his taxi driver, who pulled over. The defendant caused damage to his vehicle, assaulted him and used racially abusive language towards him. He pleaded guilty at the first hearing in the Magistrates’ Court to racially aggravated common assault and criminal damage. He was sentenced to a 12-month Community Order with 15 Rehabilitative Activity Requirement days, uplifted from 10 days and placed on an Alcohol Abstinence plan for 120 days. He was also ordered to pay £900 compensation, £85 court costs and £114 surcharge (North Yorkshire case.)  

5.    The defendant was racially abusive towards security officers on three occasions.  He pleaded guilty on the first hearing in the Magistrates’ Court to three charges of using racially aggravated threatening, abusive or insulting words or behaviour in public with the intent to cause someone present to fear the use of immediate unlawful violence.  He was sentenced to a total of 11 weeks’ imprisonment, uplifted from a Community Order.  He was also ordered to pay £154 victim surcharge (South Yorkshire case.) 

6.    The victim was in a portacabin when the defendant approached him and used racially abusive language towards him. He was asked to leave the site and he continued the abuse before assaulting the victim. He was found guilty after a trial in the Magistrates’ Court to behaving in a racially aggravated way that someone present may be caused harassment, alarm or distress by that behaviour and common assault. He was sentenced to an 18-month Community Order with 200 hours’ unpaid work, uplifted from 150 hours. He was also given 15 Rehabilitative Activity Requirement days and ordered to pay £200 compensation, £95 victim surcharge and £200 court costs (South Yorkshire case.)

7.    The defendant was caught stealing items from a store and was challenged by the security guard, he then assaulted and racially abused the victim. He was found guilty after a trial in the Magistrates’ Court to racially aggravated common assault and theft. He was sentenced to 12 weeks’ imprisonment, uplifted from a Community Order and ordered to pay £128 surcharge (West Yorkshire case.)

8.    The victim was assaulted by two females, who used racially abusive language during the assault. The defendants pleaded guilty prior to the trial in the Magistrates’ Court to racially aggravated assault occasioning actual bodily harm. They were sentenced to six months’ imprisonment, uplifted from four months and ordered to pay £128 surcharge (West Yorkshire case.) 

Homophobic hate crime cases:

1.    The victim was walking down the street when the defendant used homophobic abuse towards him. When challenged, the defendant assaulted the victim. The defendant pleaded guilty at the first hearing in the Magistrates’ Court to using threatening, abusive or insulting words or behaviour in public with the intent to cause someone present to fear the use of immediate unlawful violence and common assault. He was sentenced to a Community Order for 12 months with 15 Rehabilitative Activity Requirement days, uplifted from 10 days and ordered to pay £75 compensation (West Yorkshire case.)

2.    The victim and her wife were sitting in their garden when the defendant approached them and used homophobic abuse towards them. He pleaded guilty at the first hearing in the Magistrates’ Court to behaving in public in a way that someone present may be caused harassment, alarm or distress by that behaviour. He was sentenced to a 12-month Community Order with 20 Rehabilitative Activity Requirement days and ordered to pay £85 court costs (West Yorkshire case.)