CPS Yorkshire and Humberside: Hate crime sentence uplift examples, cases finalised March 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 March 2023 which resulted in a conviction and an uplifted sentence.

Racially aggravated cases:

1. The defendant was intoxicated and caused a commotion in a taxi queue. This led to violence between the defendant and her friend, and the taxi driver intervened. She racially abused the taxi driver who was trying to calm the situation down. The defendant pleaded guilty in 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. She was sentenced to 160 hours of unpaid work, uplifted from 120 hours. The sentence also included a 12-month community order and 15 rehabilitation activity requirement days (North Yorkshire Case).
2. The defendant arrived at his mother’s place of work while his sister and nephew were visiting. He asked for money and intimidated the family when they did not give him any. He shouted racial abuse towards his sister and nephew and threatened to hurt them. Later in the day he committed theft from a nearby shop. The defendant pleaded guilty in 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 and shop theft. He was sentenced to 18 weeks’ imprisonment, uplifted from 14 weeks (South Yorkshire Case)
3. The defendant entered a recruitment agency to attend an interview but was not offered any work. The following day he messaged sexist abuse to the recruiter, attended the office and threatened her and other colleagues. The defendant pleaded guilty 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 and to a public communication network offence. He was sentenced to 24 weeks’ imprisonment, uplifted from 16 weeks, and suspended for 18 months. He was also sentenced to 100 hours’ unpaid work, ordered to pay £500 compensation to victims and given a two-year restraining order (South Yorkshire Case).
4. The victim was unable to sleep due to music coming from a neighbour’s house. He asked the neighbour politely to turn the music down but was subjected to racial abuse and threatening language. The neighbour picked up the victim’s cat and threw it. Upon on arrest, she also assaulted a police officer. The defendant pleaded guilty 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, causing suffering to an animal and assaulting an emergency worker. She was sentenced to 16 weeks’ imprisonment, uplifted from 12 weeks, and suspended for 12 months. The defendant was also sentenced to 20 rehabilitative activity requirement days and ordered to pay £250 compensation (South Yorkshire Case).
5. A youth was waiting at a fast-food restaurant and became agitated towards staff members. This escalated and he racially abused a staff member. 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 a four-month referral order, uplifted from three months, and ordered to pay £107 in costs (West Yorkshire Case).
6. The defendant was a tenant in a house owned by the victim. He became increasingly difficult and there were arguments between them. This escalated and resulted in the defendant racially abusing the victim. He was found guilty after trial in 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. The defendant was sentenced to 150 hours unpaid work, uplifted from 100 hours. The sentence also included a restraining order, and he was ordered to pay £400 in costs (West Yorkshire Case).
7. The defendant was denied entry to a pub due to being visibly drunk. He became agitated and falsely claimed that the door attendant assaulted him. While emphasising this claim to a police officer, he made racist remarks about the door attendant. The defendant pleaded guilty at the magistrates’ 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. He was sentenced to a £470 fine, uplifted from £350 and ordered to pay £273 in additional costs (South Yorkshire Case).
8. The defendant was in the job centre for a meeting and became irritable. This caused security to intervene, and they escorted him off the premises, where he racially abused the security guard. The defendant pleaded guilty at the magistrates’ court to 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 a fine of £337, uplifted from £277 (West Yorkshire Case).

Homophobic hate crime cases:

1. The defendant sent emails to a university using racist and homophobic language on multiple occasions. He pleaded guilty at the magistrates’ court to sending offensive messages and using 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 12 weeks’ imprisonment, uplifted from eight weeks, and suspended for 12 months (South Yorkshire Case).
2. A driver threw a metal pipe at another driver in a road rage incident. When both cars stopped the driver tried to instigate a fight and used homophobic language towards the victim. The defendant pleaded guilty in the magistrates’ court to driving a motor vehicle dangerously and using 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-months’ imprisonment for the driving offence and two months’ imprisonment, uplifted from one month, for the homophobic element (West Yorkshire Case).

Disability hate crime cases:

1. The defendant started a confrontation with a vulnerable victim, regarding a football match. During the conversation he punched the victim and verbally abused him. The defendant pleaded guilty to assault by beating at the magistrates’ court. He was ordered to pay £150 compensation to the victim, uplifted from £100 and was ordered to pay £175 costs (North Yorkshire Case).