CPS Yorkshire and Humberside: hate crime sentence uplift examples, cases finalised January 2023

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 January 2023 which resulted in a conviction and an uplifted sentence.

Racially aggravated cases:

1.    The defendant approached the victim in the town centre and shouted racial abuse towards them. After following the victim further, the defendant then threatened him with a knife. This resulted in the case going to trial at the Crown Court where the defendant was found guilty. They were charged with threatening, abusive, or insulting words or behaviour with intent to cause him to believe that immediate unlawful violence and threatening another with a blade. The defendant was sentenced to 18 months’ imprisonment, uplifted from 16 months. In addition, they also received 20 rehabilitation activity requirement days (Humberside Case).

2.    The defendant, while waiting in a takeaway, had a disagreement with the owner regarding the shop's CCTV system. As the argument escalated, the defendant began to racially abuse the victim and spat towards them. The defendant pleaded guilty in the magistrates’ court to two charges of racially aggravated assault 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. The defendant was sentenced to 22 weeks’ imprisonment, uplifted from 14 weeks’ imprisonment. They were also ordered to pay £200 in compensation (North Yorkshire Case).

3.    The defendant had called for assistance to his cell, once the prison officer had arrived, they then began to racially abuse them. The defendant pleaded guilty at 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. They were then sentenced to an additional 12 weeks’ imprisonment on their original sentence, this was uplifted from six weeks (South Yorkshire Case).

4.    The defendant had been witnessed walking with his shirt off, swearing and shouting and smashing several glass bottles in the town centre. Upon being detained he was then racially abusive towards the police officers. The defendant pleaded guilty in the Crown Court to Affray, behaving in public in a way that someone present may be caused harassment, alarm or distress by that behaviour and 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. The defendant was sentenced to 13 weeks’ imprisonment, uplifted from 11 weeks (West Yorkshire Case).

5.    The defendant entered a shop and attempted to shoplift a few items before being confronted by the owner. This caused a confrontation which resulted in the defendant racially abusing the victim. The defendant pleaded guilty at the magistrates’ court to shop theft. The defendant was sentenced to 20 rehabilitation activity requirement days, uplifted from 15 days due to the hate crime element. They were additionally sentenced to a 12-month community order and nine months of drug testing and rehab requirements (West Yorkshire Case).

6.    The defendant was waiting for a taxi after a night out around the town. When the taxi turned up the defendant proceeded to racially abuse the victim who was driving the taxi. The defendant pleaded guilty at 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. They were sentenced to a £346 fine, which was uplifted from £230 and ordered to pay £75 compensation as well as £233 in costs (North Yorkshire Case).

Religiously aggravated cases:

1.    The defendant who is a neighbour to the victim, had written many letters of abuse that included offensive remarks made about their religion. The defendant had also vandalised the victim’s property on many separate occasions. The defendant pleaded guilty at the magistrates’ court to harassment, criminal damage and behaving in public in a way that someone present may be caused harassment, alarm or distress by that behaviour. The defendant was sentenced to 20 rehabilitative activity requirement days, which was uplifted from 15 days. The sentence also included a 12-month community order and ordered to pay a £114 Victim Surcharge (West Yorkshire Case).

Homophobic hate crime cases:

1.    The defendant, who lives close to the victim, had been harassing the victim on multiple occasions. This started with the defendant throwing a pipe close to the victim, attempting to kick the victim’s dog and shouting homophobic abuse. The defendant pleaded guilty at the Crown Court to harassment. The defendant was sentenced to nine months’ imprisonment, uplifted from seven months (South Yorkshire Case).

2.    The victim, while walking from their house, had been confronted by a neighbour who accused them of looking into their house. The victim was then homophobically and racially abused by the defendant throughout the confrontation. The defendant was found guilty at 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. The defendant was sentenced to 20 rehabilitation activity requirement days, uplifted from 15 days, and given a 12-month community order. (West Yorkshire Case).

Disability hate crime cases:

1.    The defendant was working on traffic management and his vehicle was blocking the disabled access to a building. The victim asked the defendant to move his vehicle so he could get access and was verbally abused by the defendant using derogatory terms about disability. The defendant pleaded guilty at the magistrates’ court to using threatening or abusive words or behaviour or disorderly behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress. He was sentenced to a £200 fine, uplifted from £150 and ordered to pay £165 in costs (West Yorkshire MC).