CPS Yorkshire and Humberside: Hate crime sentence uplift examples, cases finalised February 2024

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 February 2024 which resulted in a conviction and an uplifted sentence.

Racially aggravated cases

1.    The victim had been burning some garden waste in his garden. The defendant argued with the victim about extinguishing the fire, he then  called the fire service. The fire service informed them both that the fire was legal and no issue from their point of view. Later, the defendant went to the victim’s house and confronted the victim, this time making racial remarks. The defendant pleaded guilty in the magistrates’ court to using racially aggravated intentional harassment. He was sentenced a 20-week curfew, uplifted for 16 weeks. Additionally, he was given a 20-week community order and a 12-month restraining order (Humberside Case).

2.    The defendant took issue with the victim, who was living in the same accommodation. When the victim was leaving the accommodation, the defendant confronted him and made multiple racial remarks, he then slapped and pushed him. The defendant pleaded guilty at trial in the magistrates’ court to racially aggravated common assault. He was sentenced to a £200 fine, uplifted from £120 and ordered to pay an additional £165 in costs (Humberside Case).

3.    The defendant entered a takeaway and became confrontational with staff. This escalated and the defendant punched a plastic screen that smashed, injuring a staff member and proceeded to shout racial and derogatory comments towards them. The defendant pleaded guilty at trial in the crown court to racially aggravated criminal damage and unlawful wounding. He was sentenced 20 months' imprisonment, uplifted from 18 months (Humberside Case).

4.    The defendant breached his restraining order by being outside the victim’s home. He then started shouting racial slurs aimed towards him, which lasted over an hour. The defendant pleaded guilty at trial in the magistrates’ court to racially aggravated intentional harassment and breaching his restraining order. He was sentenced to 3 months' imprisonment, uplifted from 2 months (North Yorkshire Case).

5.    The victim was treating the defendant in hospital, who was under the influence of drugs. The defendant repeatedly impersonated and mimicked the victim’s accent. The defendant appeared on a warrant in the magistrates’ court and pleaded guilty to racially aggravated intentional harassment and two charges of failing to surrender to the court. He was sentenced to six weeks' imprisonment, suspended for 12 months, this was uplifted from what would have been a community order. He was also given 20 rehabilitative activity requirement days and ordered to pay £100 compensation as well as £239 in costs (South Yorkshire Case).

6.    The defendant was driving without due care and almost caused a collision with the victim’s car. The victim used the car's horn and this caused the defendant to get out his car and make threats and racial remarks towards the victim. The defendant pleaded guilty at the magistrates’ court to driving without due care and using racially aggravated language to cause harassment. He was sentenced to a £333 fine, uplifted from £200. Additionally, he was ordered to pay £100 compensation and given six points on his licence (West Yorkshire Case).

Religiously aggravated cases

1.    The defendant was challenged by pharmacy staff for attempting to shoplift medicine. She retaliated by shouting religious based abuse towards them. She pleaded guilty in the magistrates’ court to two charges of religiously aggravated intentional harassment. She was sentenced to 25 rehabilitative activity requirement days, uplifted from 15 days and 9 months of drug rehabilitation, uplifted from 6 months. Additionally, the sentence included a 12-month community order (South Yorkshire Case).

Homophobic hate crime cases

1.    The defendant was waiting outside a hospital and accused the victim of throwing his drugs in the bin, which made him increasingly agitated. Police were called to the scene and the defendant made homophobic comments towards the victim. He pleaded guilty at the magistrates’ court to using threatening and abusive words to cause harassment. He was sentenced to two weeks' imprisonment, uplifted from one week, suspended for 12 months (West Yorkshire Case).

2.    The defendant was parked blocking a footpath. He was approached by a civil enforcement officer and asked to move. The defendant was frustrated by this and made multiple homophobic comments towards the victim. After escalating further, the defendant then drove his car towards the victim, causing him to move to avoid being hit. The defendant pleaded guilty at trial in the magistrates’ court to assault by beating and common assault. He was sentenced to 140 hours of unpaid work, uplifted from 110 hours. Additionally, his sentence included a 12-month community order and he was ordered to pay £714 in costs and £200 in compensation (West Yorkshire Case).