CPS West Midlands: Successful Hate Crime Cases February 2023
In February 2023, CPS West Midlands Magistrates' and Crown Court units successfully prosecuted various hate crime cases.
On 26 May 2022, the 30-year-old defendant from Hackney mocked the accent of a passenger while travelling on an overground train in London. When another passenger intervened, he directed racist and homophobic abuse at other passengers which was captured on a mobile phone. He also attempted to flash the passengers. He pleaded guilty to racially aggravated s4A public order offence and outraging public decency and was sentenced at Highbury Magistrates’ Court on 6 February 2023. He received a sentence of 20 weeks imprisonment which was suspended for 12 months and was ordered to perform 25 Rehabilitation Activity Requirement (RAR) days and take part in a six-month alcohol treatment programme. He also had to pay £200 to the witness who provided a statement, £80 victim surcharge and £85 costs. He was informed that the length of the sentence of imprisonment had been increased by 10 weeks to reflect the hate crime.
On 13 April 2022, the 31-year-old man from Burton Upon Trent racially abused and threatened a woman who was shopping in Burton Upon Trent with her son and spat in her face. He pleaded guilty to racially aggravated s39 assault and two racially aggravated s4A public order act offences and was sentenced on 8 February 2023 at Cannock Magistrates’ Court. He was jailed for 20 weeks for the racially aggravated assault which was increased by eight weeks to reflect the hate crime. He also received two 8-week concurrent sentences for the racially aggravated public order offences which were increased by three weeks to reflect the hate crime. The defendant’s sentence was suspended for 18 months, and he was ordered to take part in 30 rehabilitation activity requirement days and 200 hours of unpaid work. He was also ordered to pay £185 costs, £128 victim surcharge and was made subject of a restraining order to prohibit him from contacting the victims and attending their address and workplace for three years.
On 14 July 2022, while the 20-year-old Birmingham man was being arrested for an unrelated matter, he repeatedly racially abused one of the officers and verbally abused another officer. He was charged with a racially aggravated s4A public order act offence which he admitted. He was sentenced on 13 February 2022 at Birmingham Magistrates’ Court to a 12-month community Order which had been increased to reflect the hate crime. He was also ordered to complete 25 rehabilitation activity requirement days and ordered to pay £75 compensation to the officer.
On 10 February 2022, the defendant attended his ex-partner’s address and smashed her window. He returned again on the 23 February 2022 and repeatedly banged on the door and then forced himself part way into the property, damaging the door as he did so. Officers attended and the defendant was arrested. While in custody, he repeatedly racially abused the custody sergeant.
The defendant was charged with two offences of criminal damage and a racially aggravated s4A public order act offence and he pleaded guilty at the first hearing. He was sentenced at Dudley Magistrates’ Court on 20 February 2023 to a 12-month community order to include 120 days alcohol abstinence, 25 days rehabilitation activity requirement and 20 hours of unpaid work. He was informed that the sentence had been increased to reflect the hate crime and the offence against an emergency worker. He was also ordered to pay £50 compensation to the officer, £185 costs and the £95 victim surcharge.
On 29 June 2022, the 65-year-old Croydon man, directed repeated homophobic abuse at the victim who was working at East Croydon station. He continued to shout after a colleague intervened and did not stop until a third colleague stepped in. He was charged a s4A public order act offence which he pleaded guilty to, and he was sentenced at Westminster Magistrates’ Court on 7 February 2023. He received a 12-month community order which included 120 hours of unpaid work and 9 rehabilitation activity requirement days. He was informed that the unpaid work had been increased by 20 hours to reflect the hate crime. He was also ordered to pay costs of £85 and the victim surcharge of £114.
On 16 March 2022, while in police custody for another matter, the 19-year-old defendant from Birmingham spat at and racially abused a police officer. He was charged with racially aggravated common assault which he admitted. He also pleaded guilty to the unrelated offences of robbery, possession of a bladed article, affray and cannabis possession. He was sentenced on 7 February 2023 at Gloucester Crown Court where he received a total sentence of 31 months for all matters. The common assault was uplifted from two months to four months to take account of the racist hate speech.