Hate Crime Uplifts - June 2020 - CPS North East

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 assaulting his ex-partner and her friend and sending his ex-partner abusive and threatening messages. On arrest he assaulted one officer and was overtly homophobic towards another officer. He was sentenced to a total of twelve weeks’ imprisonment. The court announced that they had uplifted the sentence in respect of the homophobic offence from a community order to one of custody to reflect the aggravated nature of this offending.
• The Defendant was convicted of causing intentional homophobic harassment alarm and distress towards a police officer. He was sentenced to two weeks’ imprisonment, which the court announced had been uplifted from a community order due to the homophobic nature of the offending.
• The Defendant was charged with causing racially aggravated intentional harassment alarm or distress when he shouted insulting and derogatory words towards a doctor in A&E who was treating him. He was sentenced to six weeks’ imprisonment which the court announced had been uplifted from four weeks to reflect the racial aggravation.
• The Defendant was charged with causing racially aggravated intentional harassment alarm or distress for a tirade of insulting and derogatory racial abuse towards a group of taxi drivers in a city centre. He was also in breach of a suspended sentence and was sentenced in the Crown Court to a total of eleven months' imprisonment. The Judge announced that the sentenced had been uplifted by two months to reflect the racial aggravation.
• The Defendant was convicted of racially aggravated threatening behaviour, racially aggravated assault and possession of a knife when he attended the home of a person he was in dispute with. He was sentenced at the Crown Court to a total of twelve months’ imprisonment. The Judge announced that the sentence had been uplifted by two months on each offence to reflect the racial aggravation.
• The Defendant was convicted of causing racially aggravated harassment alarm or distress and threats to cause criminal damage after she made several threats to smash neighbours’ cars and shouted racist abuse in the street. She was sentenced to an 18-month Community Order and ordered to undertake rehabilitation activities, the number of which were increased to reflect the racial aggravation.
• The Defendant was convicted of Affray, causing racially aggravated intentional harassment alarm or distress, racially aggravated assault, possessing a knife and criminal damage after he was challenged by staff for theft and ran amok; racially abusing staff, brandishing a knife outside the store, throwing rocks at the store window and cars in the car park. He used a child as a shield when the same staff chased him and assaulted one member of staff as police closed in for an arrest. He was sentenced at the Crown Court to a total of 18 months’ imprisonment for this incident and the Judge announced the sentence had been uplifted by 50% to reflect the racial aggravation.
• The Defendant was convicted of assaulting a member of railway staff who challenged him for being intoxicated at the station. The member of staff was slapped and spat at by the defendant. On arrest the defendant then racially abused and spat at the arresting officer, for which he was convicted of racially aggravated assault. He was sentenced to a total of sixteen weeks’ imprisonment which had been uplifted by two weeks  to reflect the racial aggravation.