CPS Yorkshire and Humberside: Hate crime sentence uplift examples, cases finalised December 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 December 2022 which resulted in a conviction and an uplifted sentence.
Racially aggravated cases:
1. The defendant after watching an international football match was disappointed by the decisions made by the manager in the game. The defendant wrote up and sent an offensive email to the manager and aimed abuse at him and the players, this consisted of numerous racial insults towards the players. This resulted in the case going to trial and he was found guilty at magistrates' court to sending by public communication network an Offensive message. He was sentenced to a 24-month Community Order, uplifted from 12 months. The sentence also included 200 hours of unpaid work, £620 costs, £120 fine, £95 surcharge and no contact with the ‘Football Association’ for the next two years (North Yorkshire Case).
2. The defendant, who had previously been banned from a shop weeks before, entered the shop and was spotted trying to steal food items. The security officer confronted the defendant and found concealed items, this led to the defendant assaulting the security officer and while restrained, shouted racial abuse aimed towards the victim. The defendant was found guilty at the Crown Court of Racially Aggravated Common Assault. They received a sentence of 12 months’ imprisonment, uplifted from five months (South Yorkshire Case).
3. The defendant was reported to have harassed the victim multiple times in the workplace. The victim reported multiple racial abuse that was aimed towards him by the defendant. He was found guilty after trial at the magistrates' court to 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. The defendant was sentenced to an 18-month Community Order, uplifted from 12 months, and 150 hours of unpaid work, uplifted from 100 hours. They were also given a three-year restraining order, 10 Rehabilitation Activity Requirement days and ordered to pay £500 compensation to the victim (South Yorkshire Case).
4. The defendant was reported to have been in his car early hours of the morning playing loud music. The victim asked for him to turn the music volume down and received racist abuse directed towards him. The victim pleaded guilty at the first hearing in the magistrates' court to 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. The defendant was sentenced to a 12-month Community order, 20 Rehabilitation Activity Requirement days and a £40 fine. This was uplifted from just a £40 fine (South Yorkshire Case).
5. The victim was working late night to collect food for delivery. While waiting he had food thrown at him and then was racially abused. The defendant was found guilty at the magistrates' court to 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. The defendant was sentenced to 150 hours unpaid, uplifted from 100 hours. Additionally, he was sentenced to a 12-month Community order and ordered to pay £715 for costs (South Yorkshire Case).
6. The defendant entered the post office and racially abused another member of the public before being confronted by staff. When police arrived to transport the defendant to custody the officer also received racial abuse aimed towards them. He pleaded guilty in the magistrates' court to multiple offences including 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. The defendant received a sentence of eight weeks’ imprisonment, uplifted from six weeks. In addition, he was also given a 12-month suspended sentence, 20 Rehabilitation Activity Requirement days and ordered to pay £100 compensation (South Yorkshire case).
7. The defendant contacted his ex-partner via text messages on several occasions and aimed racial abuse towards her new partner. The defendant pleaded guilty at the magistrates' court to racially aggravated harassment without violence. He was sentenced to 100 hours of unpaid work and 20 Rehabilitation Activity Requirement days; this was uplifted from just the Rehabilitation Activity Requirement days. Their sentence also included a 12-month Community Order, a 12-month Restraining Order and ordered to pay £95 Surcharge (West Yorkshire case).
8. The defendant arrived at the victim’s home address. After the victim opened the door to the defendant, the defendant proceeded to assault the victim and enter the house while shouting racial abuse. The Defendant pleaded guilty in the magistrates' court to assault 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. The defendant was sentenced to 10 months’ imprisonment, uplifted from 8 Months. The sentence also included 20 Rehabilitation Activity Requirement days, 6 Months Drug testing and rehabilitation requirements along with a 2-year Restraining Order from the victim and ordered to pay £241 (West Yorkshire case).
Homophobic hate crime cases:
1. The defendant while being taken to hospital after a domestic dispute, became abusive towards the police who were accompanying him. Multiple types of verbal abuse were aimed towards the officers including homophobic remarks which he was then arrested for. The defendant pleaded guilty at the Magistrates’ Court to resisting arrest and using threatening, abusive or insulting words or behaviour in public which may result in someone present fearing the use of immediate unlawful violence. The defendant was sentenced to 14 weeks’ imprisonment, uplifted from 9 weeks (North Yorkshire case).
2. The defendant walked into a shop and was caught attempting to shoplift by member of staff, after she was escorted out she began to shout homophobic abuse at the victim who worked at the shop, she then continued to shout more homophobic abuse at other shop workers. The defendant pleaded guilty at the magistrates' court to using threatening, abusive or insulting words or behaviour in public which may result in someone present fearing the use of immediate unlawful violence. They were sentenced to 30 Rehabilitation Activity Requirement days, uplifted from 25 days and given an 18-month Community Order (West Yorkshire Case).
Disability hate crime cases:
1. The defendant had been in the pub when the victim arrived, there was an argument between both men during which the defendant punched the victim in the head and used abuse towards him based on his disability. The defendant pleaded guilty at the magistrates' court to common assault and using threatening, abusive or insulting words or behaviour in public which may result in someone present fearing the use of immediate unlawful violence. The defendant was sentenced to 90 hours’ unpaid work, uplifted from 60 hours. They also received a 12-month exclusion order from the pub and ordered to pay £330 in costs (Humberside Case).
2. The defendant broke the conditions of their Restraining Order by attending the victim’s house. The defendant started an argument with the victim and made abusive remarks aimed towards the victim’s disability. The defendant was found guilty after trial at the Crown Court to breaking their bail conditions and using threatening, abusive or insulting words or behaviour in public which may result in someone present fearing the use of immediate unlawful violence. The defendant was sentenced to a 15-month Community Order, uplifted from 12 months. In addition, they were also sentenced to 20 Rehabilitation Activity Requirement days (West Yorkshire Case).