CPS Yorkshire and Humberside hate crime sentence uplift examples, cases finalised November 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 November 2022 which resulted in a conviction and an uplifted sentence.

Racially aggravated cases

1. The defendant broke their bail conditions and visited the victim’s residence, where they committed a burglary, trespassing, intimidation and used racial abuse towards the victim. The defendant pleaded guilty in the Magistrates’ Court to Witness intimidation and burglary and was committed to the Crown Court for sentence. He was sentenced to a total of 26 months’ imprisonment, uplifted from 18 months and placed under a Restraining Order not to contact the victim for five years (Humberside Case).
2. The defendant tried to enter a shop while it was being closed, confrontation arose when the shop assistant explained that it had now closed. This resulted in racial abuse being aimed towards the victim. 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. He was sentenced to eight weeks’ imprisonment, uplifted from a Community Order, given a 12-month Restraining Order from the shop and ordered to pay £128 Victim Surcharge (Humberside Case).
3. The defendant entered a shop and used threatening behaviour towards staff when he was unable to pay for items. Police were called as defendant refused to leave and on arrival defendant aimed racist abuse towards the victim. 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 whilst in custody for other crimes. He was sentenced to three months’ imprisonment, uplifted from two months (West Yorkshire Case). 
4. The defendant approached a shop and started confrontation with the victim, using racial abuse towards him and waving a weapon around. The defendant was found guilty at the Magistrates’ Court of possession of a weapon 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. He was sentenced to 26 weeks’ imprisonment, uplifted from 23 weeks (West Yorkshire Case).
5. The defendant approached and entered a shop they were barred from and was asked to leave by security. The defendant assaulted the victim and used racial abuse towards him. At the Magistrates’ Court the defendant was found guilty of assault 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. He was sentenced 18 weeks’ imprisonment, uplifted from 16 weeks and was ordered to pay £260 in compensation (West Yorkshire Case). 
6. The male and female defendants entered stores and used force to steal goods. When they were challenged in one store, the female defendant used racial abuse towards the member of staff and both defendants assaulted him. They pleaded guilty at the Crown Court to two counts of Robbery and the female defendant was sentenced to 27 months’ imprisonment, uplifted from 21 months for the racial abuse. The male defendant was sentenced to a total of 27 months' imprisonment (West Yorkshire case).

Homophobic hate crime cases

1. The victim rang the police due to his neighbour shouting homophobic abuse towards him. While he was on the call, the defendant forced entry into his home and assaulted him with a weapon. The defendant pleaded guilty to causing grievous bodily harm prior to the trial in the Crown Court. He was sentenced to six years’ imprisonment, uplifted from four years (West Yorkshire case).

Disability hate crime cases

1. The victim lived in sheltered accommodation and was abused by a youth on numerous occasions. The defendant also caused problems around the victim's home by blocking his ramp and turning off his electricity. The defendant was found guilty at a trial in the Magistrates’ Court to harassment with fear of violence. The defendant was sentenced to a Youth Rehabilitation Order for eight months, uplifted from six months. He was also ordered to pay £100 compensation to the victim (West Yorkshire Case).