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CPS Yorkshire and Humberside: Hate crime sentence uplift examples, cases finalised January-March 2022

|News, Hate crime

Under 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 between January and March 2022 which resulted in a conviction and an uplifted sentence.

Racially and religiously aggravated cases:

1.    The victim’s car was parked outside his house and it was involved in a collision with a car driven by the defendant. The victim went to check on the defendant’s welfare and he was subjected to racial abuse. The defendant 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. He was sentenced to four weeks’ imprisonment, uplifted from a Community Order. He was also sentenced for other charges and will serve a total of 12 weeks’ imprisonment and ordered to pay £128 victim surcharge (Humberside case.)

2.    The defendant made racial comments on a Facebook page regarding the England Football team. He pleaded guilty at the first hearing to sending by public communication network an offensive message. He was sentenced to a Suspended Sentence Order of 12 weeks’ imprisonment, uplifted from 9 weeks for 18 months. He was subjected to 15 Rehabilitative Activity Requirement days and ordered to pay £128 victim surcharge and £85 court costs (Humberside case.)

3.    The defendant used racially offensive language towards his neighbour and her family on several occasions. He pleaded guilty at the first hearing in the Magistrates’ Court 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 and racially aggravated harassment. He was sentenced to an 18 month Community Order, uplifted from 12 months and ordered to pay £100 and £150 compensation to two of the victims, uplifted by £50 for the racial element. He was also given a Restraining Order for 5 years (North Yorkshire case.)

4.    The defendants approached the victims and engaged them in conversation. They became increasingly aggressive towards them when they learned they were from Iran. This escalated and both victims were assaulted by the defendants. They pleaded guilty at the first hearing in the Crown Court to racially aggravated grievous bodily harm. Both defendants were sentenced to 13 months’ imprisonment, uplifted from nine months and suspended for two years with 25 Rehabilitative Activity Requirement days and a four month curfew from 8pm – 6am. They were also ordered to do 180 hours’ unpaid work and ordered to pay
£500 compensation (South Yorkshire case)

5.    The defendant was staying in a hotel and the victim attended his room due to reports of noise disturbance. The defendant was abusive and threatening to the victim and used racially offensive language. He pleaded guilty at the first hearing in 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. He was sentenced to 16 weeks’ imprisonment, uplifted from a Community Order and suspended for 12 months. He was also ordered to undertake 150 hours unpaid work and pay £200 compensation (South Yorkshire case.)

6.    The victim was driving his mobility scooter down the road and the defendant used racially abusive language towards him. The defendant then pushed the victim off the scooter and attempted to ride it away, he also went through the victim’s shopping bags and threw items to the floor causing damage. The defendant was charged with racially aggravated assault occasioning actual bodily harm and racially aggravated criminal damage. He pleaded guilty at the Crown Court prior to trial and was sentenced to three years’ imprisonment, uplifted from two years for the assault and two years’ imprisonment, uplifted from 15 months, for the damage. He also pleaded guilty to other charges and will serve a total of seven years’ imprisonment (Humberside case.)

7.    Ambulance personnel attended the defendant’s home to treat a head injury. The defendant refused to go to hospital and used racially abusive language towards two of the paramedics and spat at them. He was charged with two counts of common assault on an emergency worker and 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 pleaded guilty at the first hearing in the Magistrates’ court and was sentenced to 20 weeks’ imprisonment, uplifted from 12 weeks for the racially aggravated offence and 18 weeks’ imprisonment for the assault. He will serve a total of 38 weeks’ imprisonment and was ordered to pay £100 compensation to the first paramedic and £50 compensation to the second (North Yorkshire case.)

8.    The defendant was not complying with Covid regulations in a bar and was asked to leave by the Security Guard. She refused to leave and began racially abusing the victim. She was charged with 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. She pleaded guilty at the first hearing in the Magistrates’ Court and was sentenced to a Community Order of 18 months, uplifted from 12 months and was excluded from the premises for a period of 18 months. She was also ordered to pay the victim £200 compensation, uplifted from £100 (North Yorkshire case.)

9.    The defendant subjected her neighbour to numerous counts of racial abuse and shouted and banged on her walls, she also made threats towards her. She was charged with racially aggravated harassment and pleaded guilty prior to the trial in the Crown Court. She was sentenced to a Community Order of 18 months, uplifted from 12 months, with 20 Rehabilitative Activity Requirement days and given an Alcohol Treatment Requirement. She was also given a Restraining Order to remain for 5 years (South Yorkshire case.)

10.    The defendant was released from hospital but refused to leave. He racially abused the security guard who tried to get him to leave and spat in the face of the nurse who was with him. He was charged with two counts 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, assault by beating of an emergency worker and criminal damage. He pleaded guilty at the first hearing in the Magistrates’ court and was sentenced to 48 weeks’ imprisonment, uplifted from 39 weeks and ordered to pay £156 victim surcharge (West Yorkshire case.)

Homophobic hate crime cases:

1.    The defendant sent a series of text messages to the victim which were of a homophobic nature and which the victim found grossly offensive.  She pleaded guilty at the first hearing in the Magistrates’ Court to sending by public communication network and offensive/obscene/menacing message. She was sentenced to 12 weeks’ imprisonment, uplifted from six weeks and suspended for 12 months. She was also given 12 Rehabilitative Activity Requirement days and ordered to pay £128 victim surcharge (Humberside case.)

2.    Four people attended a property in the evening and shouted homophobic abuse at the occupants, they then threw bricks at the windows and pushed over a scooter in the garden. They appeared at the Magistrates’ Court and pleaded guilty prior to the trial for criminal damage. Three of the defendants were sentenced to a Community Order of four weeks, uplifted from three weeks, with an electronically monitored curfew from 8pm-7am. They were given a Restraining Order not to contact the victim for 18 months and ordered to pay £600 compensation. The fourth defendant was sentenced to a Community Order of 12 months with 25 Rehabilitative Activity Requirement days and ordered to pay £150 court costs (South Yorkshire case.)

3.    The defendant continually knocked on the victim’s door asking for money, harassing him and subjecting him to homophobic abuse. The defendant pleaded guilty prior to the trial in the Magistrates’ Court to harassment. He was sentenced to 23 weeks’ imprisonment, uplifted from 16 weeks and given a Restraining Order not to contact the victim by any means for 24 months. He was also ordered to pay £128 victim surcharge (West Yorkshire case.)

4.    The defendant entered a shop and used homophobic language towards a member of staff. He was charged with 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. He pleaded guilty at the first hearing in the Magistrates’ Court and was sentenced to eight weeks’ imprisonment, suspended for 12 months, with 20 Rehabilitative Activity Requirement days, uplifted from a Community Order. He was also ordered to pay £100 compensation to the victim (South Yorkshire case.)

5.    The defendant used homophobic abusive towards his neighbours on regular occasions and spat at one of them through a window. He was charged with common assault and Section 2 harassment. He pleaded guilty at the Magistrates’ Court and was sentenced to 22 weeks’ imprisonment, uplifted from 16 weeks. He was also placed under a Restraining Order not to contact the complainants for an indefinite duration (Humberside case.)

Transphobic hate crime cases:

1. The victim was serving the defendant when he became agitated at the amount of time it was taking. He was asked to leave and became abusive and made transphobic comments towards the victim. Police attended and arrested the defendant and while being transported to the police station, he urinated in the back of the police van. While he was in the station, he was racially abusive towards one of the officers. He was charged with 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, criminal damage and 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 pleaded guilty at the first hearing in the Magistrates’ Court and was sentenced to a 12 month Community Order with 20 Rehabilitative Activity Requirement days and 100 hours unpaid work, uplifted from 60 hours and ordered to pay £150 compensation (West Yorkshire case.)

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