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

Racially aggravated cases

1.    The defendant while intoxicated began arguing with his family in the street and then proceeded to throw mud at their neighbours’ houses. The neighbours have gone outside to see what the commotion was when they heard bangs on their window. The defendant approached the two neighbours and racially abused them and assaulted one. The defendant pleaded guilty at the magistrates’ court to racially aggravated common assault and harassment as well as criminal damage. He was sentenced to 12 weeks' imprisonment, uplifted from 6 weeks, running concurrently with a 16-week sentence. He was also ordered to pay £300 in compensation and given a restraining order from the victims (Humberside Case).

2.    While leaving a pub, the defendant started an argument with a passer-by who was trying to assist by ordering a taxi for him. Upon trying to deescalate the situation, the defendant racially abused the victim. He 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. The defendant was sentenced to a £400 fine, uplifted from £200 and ordered to pay an additional £200 in compensation (Humberside Case). 

3.    The defendant was turned away from a nightclub for being too intoxicated, this resulted in an argument were he racially abused two door staff multiple times. The defendant pleaded guilty at the magistrates’ court to two charges of 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 24 weeks' imprisonment, uplifted from 18 weeks for both offences (Humberside Case). 

4.    The defendant knocked on the door of the victim’s house and accused them of being a spy and then racially abused him. The defendant was found guilty at the magistrates’ court after trial 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 250 hours of unpaid work, uplifted from 150 hours. The sentence also included a 12-month community order, 20 rehabilitative activity requirement days and ordered to pay £884 in costs (North Yorkshire Case). 

5.    The defendant entered a shop and proceeded to steal alcohol, upon confrontation by employees he made multiple racial remarks and threats. The defendant pleaded guilty at the magistrates’ court to two charges of 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 one charge of shop theft. He was sentenced to 18 weeks' imprisonment, uplifted from 15 weeks. It also included £239 to be paid in costs (South Yorkshire Case). 

6.    The landlord had scheduled to change their property’s gas meter. Upon on arrival with the contractor, the tenant refused to let them in and threw tools at them. After the police was called, the tenant began to racially abuse both landlord and contractor. The defendant was found guilty in the magistrates’ court after trial to racially aggravated common assault. The defendant was sentenced to a 12-month community order, this was uplifted from what would have been a fine. In addition, the sentence also included 150 hours unpaid work and he was ordered to pay £100 in compensation (West Yorkshire Case). 

7.    The defendant and his partner had been arguing in the street, the partners keyworker has arrived and tried to de-escalate the situation, but this was met with racial abuse from the defendant. The defendant pleaded guilty at the magistrates’ after appearing on warrant 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 24 weeks' imprisonment, uplifted from 16 weeks (West Yorkshire Case). 

8.    The defendant entered a taxi and asked to go to a cash point. Upon the driver asking which one he would like to go to, the defendant became agitated and racially abused the victim multiple times and caused damage to the car. The defendant was found guilty after trial at the magistrates’ court to two charges of 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 one charge of criminal damage. He was sentenced to 180 hours of unpaid work, uplifted from 150 hours. The sentence also included a 12-month community order, 20 rehabilitative activity requirement days, £1000 to be paid in compensation and £350 to be paid in costs (South Yorkshire Case). 

Homophobic hate crime cases

1.    The defendant ignored the staff and entered the pub when told he was not allowed. The defendant became infuriated and proceeded to verbally abuse the staff member which included homophobic slurs. The defendant pleaded guilty at the magistrates’ court to using threatening language to cause harassment, alarm and distress. He was sentenced to a £484 fine, uplifted from £324. Additionally, he was ordered to pay £100 in compensation and £85 in costs (North Yorkshire Case). 

2.    The defendant saw the victim walking through a park and confronted him, he then shouted homophobic abuse and made threats to kill while following him. Later, he then approached the victim at his place of work to reiterate the threats. The defendant pleaded guilty at the magistrates’ court to two charges of using threatening and abusive language with intent to cause fear and one charge of threat to kill. He was sentenced to a total 52 weeks' imprisonment and another 9 weeks to run concurrently, uplifted from 6 weeks due to homophobic element (North Yorkshire Case).