CPS Yorkshire and Humberside: Hate crime sentence uplift examples, July-September 2019

|News, Hate crime

Cases finalised between July 2019 and September 2019

Under hate crime legislation the courts must pass increased sentences where prosecutors evidence that offences have been motivated by hostility towards a person’s race, religion, disability, transgender identity or sexuality. Below are examples of hate crime cases prosecuted by Yorkshire and Humberside CPS between July 2019 and September 2019 which resulted in a conviction and an uplifted sentence.

Disability hate crime cases:

1.    The defendant repeatedly knocked on the victim’s door and ran away, shouted offensive comments about the victim’s disability and threatened to cause damage to the property. The defendant pleaded guilty at the first hearing to harassment without violence. He was sentenced to a six-month Youth Referral Order uplifted from three months with a 12-month Restraining Order. He was also ordered to pay £85 costs and a £20 victim surcharge (Humberside case). 

2.    The defendant approached the victim and his friend and made offensive comments about the presumed disability of the victim. She pleaded guilty to using threatening, abusive, insulting words, behaviour with intent to cause harassment, alarm or distress. She was sentenced to a 12-month community order and a 20-day Rehabilitation Activity Requirement uplifted to include a six-month curfew. She also received a 12-month Restraining Order and was ordered to pay £200 costs and an £85 victim surcharge (West Yorkshire).

3.    The defendant made a series of unwanted phone calls and sent abusive text messages to his mother and sister making threats and derogatory comments about his disabled siblings. He pleaded guilty to sending a letter, communication or article conveying an indecent or offensive message, harassment - put in fear of violence and harassment without violence. He was sentenced to a 12-month Community Order with a ten day Rehabilitation Activity Requirement and a 28-day curfew uplifted from 14 days. A two year Restraining Order was imposed and he was also ordered to pay £85 costs and a £90 victim surcharge (South Yorkshire).

Religiously aggravated cases:

1.    The defendant threatened the victim and later threw a brick through her window. He then racially and religiously abused the police officers who arrested him. He pleaded guilty to using threatening, abusive or insulting words or behaviour to cause harassment, alarm or distress, religiously aggravated intentional harassment, alarm or distress and racially aggravated intentional harassment, alarm or distress. He was sentenced to a 12-month Community Order with a 20-day Rehabilitation Activity Requirement, a 28-day alcohol treatment programme and 120 hours’ unpaid work uplifted from 80 hours. He was also ordered to pay £500 costs, £100 compensation and an £85 victim surcharge. A 12-month Restraining Order was also imposed (West Yorkshire).

2.    The defendant was drunk when he went into a Mosque where he was verbally abusive to worshippers and made threats to bomb the Mosque. He pleaded guilty to religiously aggravated harassment, alarm or distress by words or writing and failing to surrender. He was sentenced to six months’ imprisonment uplifted from four months, suspended for 12 months, 300 hours’ unpaid work and a 30-day Rehabilitation Activity Requirement. He was also ordered to pay £85 costs and a £115 victim surcharge (West Yorkshire).

3.    The defendant was arrested for drinking alcohol in a public place where an order was in place to prevent this. He racially and religiously abused a police officer, caused damage to the police van and then assaulted a police officer by spitting at her in custody. The defendant pleaded guilty to being drunk and disorderly in a public place, religiously aggravated intentional harassment, racially aggravated intentional harassment, criminal damage and assaulting an emergency worker. He was sentenced to a total of 12 months’ imprisonment uplifted from nine months. He was also ordered to pay £50 compensation to each victim (West Yorkshire).

4.    The defendant returned home after drinking in a pub. He started swearing and shouting offensive comments about Islam. He then verbally abused the neighbours who tried to speak to him about his behaviour. He pleaded guilty at the first hearing to causing religiously aggravated harassment, alarm or distress by words or writing. He was sentenced to a £100 fine uplifted from £50. He was also ordered to pay £85 costs and a £22 victim surcharge (West Yorkshire).

5.    The defendant resisted arrest for being drunk and disorderly in a taxi rank. He assaulted one of the officers by kicking and head butting him and he religiously abused the other officer. He pleaded guilty at the first hearing to assaulting an emergency worker and religiously aggravated intentional harassment. He was sentenced to a total of 26 weeks’ imprisonment which included six weeks’ imprisonment for the religiously aggravated offence uplifted from four weeks. He was also ordered to pay £100 compensation and a £122 victim surcharge (West Yorkshire).

Racially aggravated cases:

1.    The victim was standing outside a synagogue when the defendant drove past in his vehicle and shouted racially abusive language at him. The defendant then turned his vehicle around and drove past the victim a second time and shouted further racial abuse and threw a can of drink from the window of his car, which hit the victim. He pleaded guilty to racially aggravated common assault and was sentenced to eight weeks’ imprisonment uplifted from six weeks, suspended for 12 months. The defendant was also ordered to complete a 20-day Rehabilitation Activity Requirement, pay £85 costs, a £115 victim surcharge, and £250 compensation (West Yorkshire).

2.    On two occasions the defendant threw bricks at the victim’s window, causing the window to break on the second occasion. Whilst throwing the bricks on the first occasion the defendant also shouted racial abuse towards the victim and threatened that things would get worse if he did not move out. The defendant pleaded guilty to racially aggravated intentional harassment, and racially aggravated damage to property. He was sentenced to 12 months’ imprisonment uplifted from four months (West Yorkshire).

3.    The defendant threatened a member of the public with a knife and then ran away. A witness followed the defendant whilst phoning the police to report the incident. During this time the defendant threatened the witness and shouted racially abusive words towards him. The defendant pleaded guilty to racially aggravated intentional harassment as well as possession of a bladed article. He was sentenced to a total of 28 months’ imprisonment uplifted from 25 months (West Yorkshire).

4.    The defendant was waiting to be booked into police custody. During this time he made a number of racially offensive comments, some of which were directed towards a police officer. He pleaded guilty to using racially aggravated threatening or abusive words or behaviour or disorderly behaviour, likely to cause harassment, alarm or distress. The defendant was sentenced to a total of 26 weeks’ imprisonment for this offence and other matters uplifted from 20 weeks (West Yorkshire).

5.    The defendant, whilst under the influence of illegal drugs, put the victim in fear of violence by threatening him with a knife and attempting to damage his property. During the incident the defendant also used racially abusive language towards the victim. The defendant pleaded guilty on the day of trial to affray. He was sentenced to 18 months’ imprisonment, uplifted from 14 months. He was also issued with a ten-year Restraining Order (South Yorkshire).

6.    The victim saw the defendant masturbating in a communal entrance. When the defendant noticed the victim he started to pull up his trousers and whilst doing so used racially abusive language towards the victim. The defendant pleaded guilty on the day of trial to racially aggravated use of threatening or abusive words or behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress. He was sentenced to four weeks’ imprisonment uplifted from a non-custodial community sentence (West Yorkshire).

7.    The defendant racially abused an acquaintance in the street. This was followed by a tussle in which the defendant pulled what the victim believed to be a knife from his jacket and threatened to stab the victim with it. The defendant pleaded guilty to racially aggravated threatening behaviour. He was sentenced to eight months’ imprisonment uplifted from two months (West Yorkshire).

8.    The defendant racially abused and assaulted a woman in the street, pulling her Hijab off her head. She then racially abused another two women and assaulted one of them by spitting and hitting her. She was arrested a short time later and assaulted the two arresting officers. She pleaded guilty on the day of trial to two racially aggravated assaults and two assaults on an emergency worker. She was sentenced for these offences and some other matters to a total of 20 months’ imprisonment which included eight months for the two racially aggravated assaults uplifted from four months (West Yorkshire).

9.    The defendant shouted racist abuse at the victim, a complete stranger, in the street on two occasions on the same day. On the second occasion, he threw a milk carton at her, which hit her but caused no visible injury. He was found guilty after trial of racially aggravated common assault and racially aggravated intentional harassment, alarm or distress by words or writing. He was sentenced to a total of six months’ imprisonment uplifted from two months, suspended for 18 months, a four-month Alcohol Treatment Order and a 50-day Rehabilitation Activity Requirement. He was ordered to pay a £100 fine for breaching an existing court order and a ten-year Restraining Order was also imposed (West Yorkshire).

10.    The defendant was asked to leave a shopping centre as he had caused trouble previously. He racially abused the security guard and pushed him to the chest. The racial abuse was captured on camera. He pleaded guilty on the day of trial to racially aggravated intentional harassment, alarm or distress by words of writing. He was sentenced to a six-month Youth Referral Order uplifted from four months (West Yorkshire).

11.    The defendant racially abused, threatened and spat at a member of hospital staff in an A&E department. He pleaded guilty at the first hearing to racially aggravated common assault. He was sentenced to eight weeks’ imprisonment uplifted from a high level Community Order. He was also ordered to pay a £115 victim surcharge (West Yorkshire).

12.    The defendant racially abused a doctor who was treating her. She raised her clenched fists towards his face and broke a table. She pleaded guilty at the first hearing to racially aggravated common assault and criminal damage. She was sentenced to a 12-month Community Order with a ten-day Rehabilitation Activity Requirement and a ten-week curfew uplifted from six weeks. She was also ordered to pay £85 costs and £100 compensation (South Yorkshire).

Homophobic hate crime cases:

1.    The defendant verbally abused and threatened a support worker both in person and over the phone using homophobic language. He assaulted a second support worker and made a series of threatening phone calls to a third. He pleaded guilty at the first hearing to common assault and harassment putting a person in fear of violence. He was sentenced to a £150 fine for the assault and a £150 fine for the harassment uplifted from £75. He was fined an additional £50 for breaching a Conditional Discharge. He was also ordered to pay an £80 victim surcharge and £85 costs and a two-year Restraining Order was also imposed (North Yorkshire).

2.    The victims and defendant are neighbours. The victims were awoken in the night by the defendant, who was standing outside of their flat shouting homophobic abuse. The defendant was convicted after trial of causing harassment without violence. He was sentenced to 12 weeks’ imprisonment uplifted from eight weeks, suspended for 12 months and an eight-week curfew. The defendant was also ordered to complete a Rehabilitation Activity Requirement and to pay £620 costs and a £15 victim surcharge (South Yorkshire).

3.    The defendant was arrested for another matter but whilst being transported to the police station he verbally abused and threatened a police officer using homophobic language. He pleaded guilty to using threatening, abusive or insulting words or behaviour with intent to cause harassment, alarm or distress and was sentenced to an eight-week Community Order uplifted from a fine. He also received a curfew and was ordered to pay £85 costs, an £85 victim surcharge and £100 compensation (West Yorkshire).

4.    The defendant shouted homophobic abuse at two men in a taxi queue. This was heard by a police officer. He pleaded guilty at the first hearing to using threatening, abusive words or behaviour likely to cause harassment, alarm or distress. He was sentenced to a £269 fine, which is a Band C fine uplifted from a Band B fine. He was also ordered to pay £85 costs and a £32 victim surcharge (Humberside).

5.    The defendant was arrested after breaching a non-molestation order. He shouted homophobic and racist abuse at the officers and made threats of violence towards them. He had to be taken to hospital where he refused treatment and spat at an officer. He pleaded guilty to breaching the non-molestation order, using threatening or abusive words or behaviour likely to cause harassment, alarm or distress, assaulting an emergency worker, racially aggravated common assault and racially aggravated intentional harassment, alarm or distress by words or writing. He was sentenced to a 12 month Community Order as a direct alternative to custody with 125 hours’ unpaid work uplifted from 100 hours and a 30-day Rehabilitation Activity Requirement. Compensation was also awarded to each officer (West Yorkshire).

6.    The defendant climbed onto the roof of a property and threw roof tiles and a can of paint at police officers whilst shouting homophobic abuse at a female officer in an incident that lasted two hours. He pleaded guilty at the first hearing to affray and using threatening, abusive or insulting words or behaviour to cause harassment, alarm or distress. He was sentenced to an 18 month Community Order uplifted from 12 months and a 30 day Rehabilitation Activity Requirement uplifted from 20 days. He was also ordered to pay a £90 victim surcharge (North Yorkshire).

7.    The two defendants shouted homophobic abuse at the victim in the street and threatened to set his car on fire. They pleaded guilty on the day of trial to using threatening, abusive or insulting words or behaviour to cause harassment, alarm or distress. Both were sentenced to a six-month Youth Referral Order uplifted from four months. They were also ordered to pay £300 costs and a £20 victim surcharge (South Yorkshire).

8.    The defendant had been arrested and he made threats towards a female officer and directed homophobic abuse towards her. Whilst in custody, he caused damage to his cell. He pleaded guilty to criminal damage and using threatening, abusive or insulting words or behaviour to cause harassment, alarm or distress. He was sentenced to a total of 20 weeks’ imprisonment uplifted from 12 weeks. He was also ordered to pay a £115 victim surcharge (West Yorkshire).

9.    The defendant threatened his neighbours and made homophobic comments towards them. He was later arrested for being drunk and disorderly and shouting at people in the street. He pleaded guilty to using threatening, abusive or insulting words or behaviour to cause harassment, alarm or distress, being drunk and disorderly and being in possession of cannabis. He was sentenced to a 12-month Community Order, a six-month alcohol treatment programme and a ten day Rehabilitation Activity Requirement, which was the uplift (West Yorkshire).

10.    The defendant racially abused his neighbour and made homophobic comments to his neighbour’s friend during an argument over the friend bringing her dog to visit. He was found guilty after trial of two counts of using threatening, abusive or insulting words or behaviour to cause harassment, alarm or distress and racially aggravated intentional harassment, alarm or distress by words or writing. He was sentenced to a 12-month Community Order uplifted from low level to medium level and a 20-day Rehabilitation Activity Requirement. He was also ordered to pay £400 costs and an £85 victim surcharge (West Yorkshire).

11.    The defendant followed the victim home from school, made homophobic comments to her and then hit her with a wooden stick and then a metal stick causing considerable bruising. He was found guilty after trial of assault by beating. He was sentenced to a 12-month Youth Referral Order uplifted from nine months. He was also ordered to pay the victim £200 compensation (West Yorkshire).

Notes to editors

For more information on how the CPS prosecutes hate crimes, please see our Hate Crime page

 

Further reading