CPS North East - Hate Crime Uplifts - September 2020
Under hate crime legislation the courts must pass increased sentences where prosecutors evidence that offences either demonstrate or have been motivated by hostility towards a person’s race, religion, disability, transgender identity or sexuality. Below are examples of hate crime cases recently prosecuted by CPS North East, each of which resulted in a conviction and an uplifted sentence.
The Defendant was convicted of sending a number of abusive text messages over a short period of time some of which were racially and religiously insulting. He was sentenced at the Crown Court to 24 weeks’ imprisonment which was suspended for twelve months and the court announced the length of imprisonment had been uplifted by eight weeks to reflect the racial/religious aggravation. An indefinite restraining order was made.
The Defendant was convicted of a racially aggravated affray and a malicious communications offence after she threatened a group of youths with whom she was in dispute and racially insulted them. She was sentenced to an 18-month community order and required to attend rehabilitation activities. The court announced the sentence had been uplifted by 1/3 and extra activity days added to reflect the racist nature of the offending.
The Defendant was convicted of using threatening behaviour intending to provoke violence when he threatened the victim whilst uttering transphobic abuse. He was sentenced by Magistrates to a twelve-month community order with unpaid work. The court announced the sentence had been increased to reflect the transphobic aggravation.
The Defendant was convicted of using threatening behaviour intending to provoke violence and an offence of using threatening behaviour likely to cause alarm & distress when he was seen and overheard by witnesses in the street shouting threatening, insulting and derogatory homophobic language towards residents. He was sentenced to a fine of £280. The court announced that the sentence had been uplifted to reflect the homophobic aggravation.
The Defendant was convicted of racially aggravated assault towards a shop owner whom he punched to the face and racially insulted. He was sentenced at the Crown Court to seven months’ imprisonment. The Court announced that the length of sentence had been increased to reflect the racial aggravation.
The Defendant was convicted of harassment after he sent numerous unwanted messages to the victim some of which were of a homophobic nature. He was sentenced to an 18-month community order with rehabilitation activities and unpaid work. The court announced that they had uplifted the order from 12 to 18 months to reflect the homophobic aggravation and added 50 hours to the unpaid work requirement. A 24-month restraining order was made.
The Defendant was convicted after trial of assault after she spat at the victim in the street whilst using insulting homophobic language. She was fined £90 and ordered to pay compensation of £50. The court announced that the fine had been increased to reflect the homophobic aggravation.
The Defendant was convicted of sending offensive communications after he sent a series of abusive text messages some of which were racially insulting. He was sentenced to a twelve-month community order with rehabilitation requirements. The court announced they had uplifted the sentence from a fine to a community order to reflect the racial aggravation.
The Defendant was convicted of racially aggravated intentional harassment for racially abusing a Detention Officer at Middlesbrough Custody Office He was sentenced to a community order for twelve months with unpaid work requirements. The court announced that sentence had been increased from a fine to a community order to reflect the racial aggravation.
The Defendant was convicted of racially aggravated assault when, having been asked to leave a bar due to her inappropriate behaviour, she spat at the victim and used racially insulting language. She was sentenced to an 18-month community order with rehabilitation activities, fined £80 and ordered to pay £50 compensation. The court announced the sentence had been increased to reflect the racial aggravation.