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

Racially aggravated cases

1.    The defendant had been drinking in a bar and become highly intoxicated so was asked to leave and security was called to assist. He became aggressive at this point and shouted racial abuse to the security 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. He was sentenced to pay £400 in compensation to the victim, this was uplifted from £200 (Humberside Case).

2.    The defendant entered a shop and demanded free food, when confronted about his behaviour by staff he became increasingly aggressive. This escalated to racial abuse towards the staff and as he exited the shop he also stole a bottle of wine. The defendant was found guilty after trial 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 shop theft. He was sentenced to eight weeks' imprisonment, uplifted from six weeks. Additionally, they were ordered to pay £100 compensation and £114 victim surcharge (North Yorkshire Case).

3.    The victim was speaking to the police when the defendant approached the victim and shouted racial abuse towards her, this was heard the presence of police at the scene. The defendant pleaded guilty at the magistrates’ court 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 a 12-month community order and ordered to complete 60 hours of unpaid work, this was uplifted from what would have been a fine (South Yorkshire Case).

4.    The defendant walked into a shop irate and was approached by a member of staff to try calm him down, this irritated him further and racially abused the member of staff. 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. He was sentenced to 20 rehabilitative activity requirement days, uplifted from what would have been a fine (South Yorkshire Case).

5.    The youth defendant was arguing with others outside the victim's house, the victim asked for them to move on away from her house and this was met with racial abuse. The defendant then brandished a knife and made threats to kill. The defendant pleaded guilty in 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 threatening with a blade. He was sentenced to a 18-month youth rehabilitation order, uplifted from 12 months (South Yorkshire Case). 

6.    The defendant, while in a shop, inappropriately sexually touched a young girl. Staff and police were alerted to this and then the defendant was racially abusive towards the security guard. The defendant pleaded guilty at the magistrates’ court to assaulting a girl under 13 by touching, breaching their sexual harassment prevention order and 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 36 weeks' imprisonment, uplifted from 31 for hate crime element (West Yorkshire Case).

7.    The defendant had been causing commotion late at night and as a result caused an argument with a neighbour, he racially abused the neighbour and then racially abused and was obstructive to the police who attended the scene. He pleaded guilty in 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. The defendant was sentenced to 16 weeks' imprisonment, uplifted from 10 weeks. 

8.    The defendant confronted the victim about where he had parked his car as it was in the vicinity of his property. The victim was entitled to park in the space, however the defendant started an argument and racially abused the victim. The defendant was sentenced to a 12-month community order and 20 rehabilitation activity requirement days, this was uplifted from what would have been a fine.

Religiously aggravated cases

1.    The defendant approached the Mosque and caused an argument in disputing the sign which was on the Mosque. He became increasingly aggressive and was religiously abusive towards the victim who was just leaving. The defendant pleaded guilty to two charges of using religiously 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 18-month community order uplifted from 12 months and ordered to complete 240 hours of unpaid work, uplifted from 160 hours (South Yorkshire Case).

Homophobic hate crime cases

1.    The defendant was confronted by the store manager after being caught attempting to shoplift while also being banned form the shop. She has become aggressive and shouted homophobic language towards the manager. The defendant pleaded guilty at the magistrates’ court to using threatening, abusive or insulting words or behaviour in public with the intent to cause someone present to fear the use of immediate unlawful violence. She was sentenced to 20 rehabilitative activity requirement days, uplifted from 15 days. They was also given a nine-month community order and order to pay £199 in costs.