CPS Yorkshire and Humberside: Hate crime sentence uplift examples - cases finalised May 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 April 2023 which resulted in a conviction and an uplifted sentence.

Racially aggravated cases

1. The defendant was in the pub when his friend was turned away at the door. The defendant has tried passing over a drink to his friend and was confronted by staff. This led to altercation which resulted in the defendant racially abusing the member of staff and then kicked the door causing damage. The defendant days later was then caught shoplifting. The defendant pleaded guilty at the magistrates’ court after appearing on warrant 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 and causing criminal damage to property. He was sentenced to 36 weeks imprisonment, uplifted from 24 weeks. The sentence also included a 5-year restraining order from the victim (Humberside Case).
2. The defendant and his partner had been escorted out of a pub, which caused an argument. A local shop employee tried to intervene to deescalate the situation, this caused the defendant to racially abuse the victim. Upon arrest he also was found to be in possession of a Class A drug. The defendant pleaded guilty 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 and possession of a Class A drug. He was sentenced to 24-month community order, uplifted from 18 months. The sentence also included 20 rehabilitative activity requirement days and a 90-day alcohol abstinence programme (Humberside Case). 
3. The defendant while in the city centre at night has approached 2 strangers, after they told the defendant to leave them this caused him to racially abuse them both. The defendant pleaded guilty at the magistrates to two 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 30 rehabilitative activity requirement days, uplifted from 20 days and a 12-month community order (North Yorkshire Case). 
4. The defendant got in a taxi with his 2 children, during the journey the defendant and driver began a confrontation about the children’s behaviour in the car, which results in racial abusive aimed towards the driver. The defendant pleaded guilty 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. He was sentenced to 20 rehabilitative activity requirement days, uplifted from 15 days. Additionally, he was also given a 12-month community order and ordered to pay £380 in costs (North Yorkshire Case).
5. The defendant has gone into a fast-food restaurant attempting to use the toilet but was informed that they were shut. The defendant became infuriated and proceeded to start arguments with staff which resulted in him using racially abusive language towards them. Also, on another occasion, he shoplifted and used threatening language towards staff. The defendant pleaded guilty 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, two charges of shop theft and using threatening language. He was sentenced to eight weeks' imprisonment, uplifted from four weeks. (South Yorkshire Case) 
6. The defendant was in a post office when her card had been captured by the cash machine. The victim, who was a member of staff, tried to help but the defendant became irritated, shouted racial abuse and proceeded to assault the victim. The defendant pleaded guilty at the magistrates’ court to racially aggravated common assault. The defendant was ordered to pay £399 in costs, uplifted from £299 and received a 12-month community order with 25 rehabilitative activity requirement days (South Yorkshire Case). 
7. The defendant who lives in secured living had damaged his room. Upon being questioned about this by a security worker, the defendant has become racially abusive. When police officers arrived, he acted in the same manner continuing the abuse. The defendant pleaded guilty at the magistrates’ court after appearing on warrant 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. He was sentenced to eight weeks imprisonment, uplifted from four weeks, suspended for 12 months with 25 rehabilitative activity requirement days (West Yorkshire Case). 
8. The defendant had been walking by a church mid-afternoon when he stopped and shouted racial abuse to those who was attending. The defendant pleaded guilty 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. He was ordered to pay a fine of £150, uplifted from £100 (West Yorkshire Case).

Religiously aggravated cases

1. The defendant was in their front garden and got into a confrontation with the victim who is their neighbour, this escalated to the defendant making multiple religiously abusive remarks. The defendant pleaded guilty in the magistrates’ court to using religiously 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 20 rehabilitative activity requirement days, uplifted from 15 including a 12-months community order. They were also ordered to pay £199 in costs (West Yorkshire Case). 

Homophobic hate crime cases

The victim received multiple letters through their post box with complaints from the defendant, who is a neighbour, regarding a disagreement on communal areas. The letters contained homophobic and racial abuse aimed towards the victim. The defendant pleaded guilty at the magistrates’ court to three charges of sending a letter conveying a threatening message. He was sentenced to a 12-month community order, 20 rehabilitative activity requirement days, 80 hours unpaid work and due to the hate crime element, additionally ordered to pay £150 in costs (West Yorkshire Case). 

1. The youth defendant made an unprovoked attack on the victim while at an activity centre. Upon intervention from others in the group, he then additionally made homophobic remarks towards the victim. The defendant pleaded guilty in the magistrates’ court to assault by beating. He was sentenced to a 9-month youth rehabilitation order, uplifted from 3 months and ordered to pay £50 compensation to the victim (West Yorkshire Case).