CPS Yorkshire and Humberside: Hate crime sentence uplift examples, cases finalised April 2022

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 2022 which resulted in a conviction and an uplifted sentence.

Racially and religiously aggravated cases:

1. The victim arranged to meet the defendant at her flat with some friends. She told him that she did not want to start a relationship with him, and he became racially abusive before assaulting her with a bottle, causing serious injuries. He pleaded guilty at the first hearing in the Crown Court to causing grievous bodily harm with intent. He was sentenced to eight years’ imprisonment, uplifted from seven years and with credit for an early guilty plea will serve six years’ imprisonment. He was deemed dangerous and ordered to serve an extended sentence so will serve a total of six years’ imprisonment with an extended licence for four years (Humberside case).

2.The defendant approached a number of people in the street and was racially abusive towards them, before slapping a male across the face. She pleaded guilty at the first hearing in the Magistrates’ Court to behaving in public in way that someone present may be caused harassment, alarm or distress by that behaviour, which was racially aggravated. She also pleaded guilty to racially aggravated assault by beating. She was sentenced to an 18 month Community Order with 20 Rehabilitative Activity Requirement days, uplifted from a fine. She was also ordered to pay a £95 victim surcharge and £85 costs (Humberside case).

3. The victim was driving out of a car park when the defendant made rude gestures and shouted racial abuse at her. He pleaded guilty at the first hearing in the Magistrates’ Court to behaving in public in way that someone present may be caused harassment, alarm or distress by that behaviour, which was racially aggravated. He was fined £300, uplifted from £250, ordered to pay £150 compensation, uplifted from £100 and will pay a £34 victim surcharge and £85 costs (North Yorkshire case).

4. The defendant took items from outside a public house and was followed by two members of staff who asked for the items back. The defendant subjected the staff to racial abuse, threw a glass bottle at them, which smashed and also spat in the face of one of the victims. He pleaded guilty at the first hearing in the Magistrates’ Court to three charges of racially aggravated assault by beating. He was sentenced to a total of 28 weeks’ imprisonment, uplifted from 22 weeks (North Yorkshire case).

5. The victim pulled out of a side street in her car but was unable to move into her intended lane and was blocking one lane of traffic. The defendant drove very close to her car and revved his engine in an intimidating manner. When the victim drove into her lane the defendant pulled alongside her and threw items at her car and subjected her to racial abuse. He pleaded guilty on the day of the trial 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 an 18 month Community Order with 20 Rehabilitative Activity Requirement days, uplifted from 12 days and ordered to pay £125 compensation (West Yorkshire Case).

6. The defendant attacked the victim with a bible and used racist language towards him. When others challenged her, she used racial language towards one of them. The defendant was found guilty after a trial in the Magistrates’ Court to racially aggravated assault by beating and in behaving in public in a racially aggravated way that someone present may be caused harassment, alarm or distress by that behaviour. She was sentenced to an 18 month Community Order, uplifted from 12 months with 25 Rehabilitative Activity Requirement days and ordered to pay £100 court costs and a £95 victim surcharge (West Yorkshire Case).

7. The defendant sent the victim a number of offensive and racially abusive messages via Facebook Messenger. He pleaded guilty at the first hearing in the Magistrates’ Court to sending a communication of an offensive nature. Due to the racial element, the Magistrates categorised the offence into a category of higher culpability. He was sentenced to an 18 month Community Order with 25 Rehabilitative Activity Requirement days and 200 hours unpaid work. He was also subjected to a Prohibited Activity Requirement not to delete internet records on relevant devices and given a 12 month Restraining Order not to contact the victim and ordered to pay a £95 victim surcharge and £85 court costs (West Yorkshire case).

Homophobic hate crime cases:

1. The suspect was in a public house beer garden and began urinating in full view of other customers. Members of staff approached him and asked him to stop but he became aggressive and used homophobic language towards them. He pleaded guilty at the first hearing in the Magistrates’ Court to 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 and two charges of common assault. He was sentenced to a Community Order of 18 months, uplifted from 12 months, with 30 Rehabilitative Activity Requirement days. An Exclusion Order preventing him attending at the public house for 12 months was granted. He was also ordered to pay £100 compensation to each of the two victims (West Yorkshire case).

2. The defendant was walking down the street and became verbally and physically abusive towards two security guards, using racially offensive language towards them. Police were called and while being transported to the station he became aggressive and assaulted police officers, using homophobic language towards them. 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 two charges of assaulting an emergency worker. He was sentenced to 16 weeks’ imprisonment for the public order offences, uplifted from 12 weeks and 16 weeks’ imprisonment, uplifted from 12 weeks for assaulting an emergency worker. He was also sentenced for other offences and will serve a total of 22 weeks’ imprisonment and was ordered to pay £128 victim surcharge (West Yorkshire case).

3. The victim works for the ambulance service and was called to attend the home address of the defendant. Whilst being transported to hospital the defendant made homophobic comments to the victim and also touched her inappropriately. He pleaded guilty at the Magistrates’ Court to sexual assault of a female and was sentenced to 18 weeks’ imprisonment, suspended for 12 months with a 12 month Alcohol Treatment Requirement and 30 Rehabilitative Activity Requirement days. He was ordered to pay £500 compensation to the victim for the homophobic abuse. He was also ordered to pay £85 costs and £122 victim surcharge (West Yorkshire case).