CPS Yorkshire and Humberside: Hate crime sentence uplift examples, cases finalised January 2023

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 January 2023 which resulted in a conviction and an uplifted sentence.

Racially aggravated cases

1.    Three defendants harassed the victim in his own home on many occasions, including throwing stones and food at the victim’s house and racially abusing him numerous times. All three defendants pleaded guilty at the magistrates’ court to racially aggravated harassment. The adult defendant received an 18-month community order, uplifted from 12-months and 150 hours unpaid work, uplifted from 80 hours. Additionally, he was sentenced to 10 rehabilitation activity requirement days, ordered to pay £300 costs and £90 victim surcharge. The two youth defendants were sentenced to a four-month referral order, uplifted from three months. They were also each ordered to pay £150 in costs and a £22 victim surcharge. All defendants have a restraining order imposed on them to keep them away from the victim (Humberside Case).

2.    The defendant attempted to shoplift milk from a market hall and when confronted by security he racially abused the security guards and made threats to kill. Upon arrest he kicked at and smashed another shops window. At the magistrates’ court the defendant pleaded guilty 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 12 weeks’ imprisonment, uplifted from eight weeks. They were also ordered to pay £500 compensation (South Yorkshire Case). 

3.    The defendant broke a restraining order and visited the victim’s house. This caused an argument; the defendant then smashed a window of the house. As the situation escalated further, the defendant then racially abused a neighbour who had watched the scene unfold. At the magistrates’ court the defendant pleaded guilty to harassment by breaching their restraining order, criminal damage 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 weeks’ imprisonment, uplifted from four weeks and ordered to pay £154 victim surcharge (West Yorkshire Case).

4.    The defendant was waiting for their friend who was having an appointment. The defendant became impatient and repeatedly asked the security guard how long she would be, after being frustrated with the security guard’s response she racially abused them. The defendant pleaded 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 a 12-month community order, 6 drug rehabilitation days, five rehabilitative activity requirement days and ordered to pay £50 compensation to the victim, uplifted from a fine (Humberside case).

5.    The youth defendant attempted to enter a shopping centre after it had closed for the evening. After being confronted by security and told to leave, he racially abused the victim. The defendant pleaded 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 a four-month referral order, uplifted from three months, and ordered to pay £107 in costs (Humberside Case). 

6.    The defendant walked by the victim’s house while he was intoxicated and directed racial abuse towards the victim. The defendant pleaded 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 fined £215, uplifted from £105 and ordered to pay £86 victim surcharge and £85 costs (North Yorkshire Case). 

7.    The defendant entered a shop and became agitated with the staff, so he was asked to leave.  He racially abused the staff and stole items from the shop. The defendant pleaded 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 and two counts of shop theft. The defendant was sentenced to 15 rehabilitative activity requirement days, uplifted from 10 days. The sentence also included a 12-month community order and a 10-week curfew (South Yorkshire Case). 

8.    The two defendants walked up to two victims on separate occasions and assaulted them in unprovoked attacks. The defendants were both found guilty after trial at the magistrates’ court to racially aggravated common assault. They were each sentenced to 12-month community orders, 35 rehabilitative activity requirement days and 150 hours unpaid work, uplifted from 100 hours. They were ordered to pay £280 in costs, £114 victim surcharge and £25 compensation (North Yorkshire Case).

Homophobic hate crime cases

1.    The defendant accused her neighbours of reporting her to the police which escalated into an argument. The defendant became increasing aggressive and directed homophobic abuse towards one of the victims. The defendant was found guilty after a trial in the magistrates’ court of using 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, a nine-month alcohol treatment program and rehabilitative activity requirement days. They were also ordered to pay £150 Compensation to the victim, this was to reflect the uplift (West Yorkshire Case).

2.    The defendant caused an argument with a member of the staff in a shop and used homophobic language towards the victim. The defendant pleaded guilty at the magistrates’ court to using 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 a £120 fine, uplifted from £80 and ordered to pay a £80 victim surcharge fee and £85 in costs (Humberside Case).