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

Racially aggravated cases

1. The defendant, while under the influence, entered a shop he had previously been banned from, the owner told him to leave and showed him to the exit. The defendant became aggressive and assaulted the owner while shouting racial abuse towards him. 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 and common assault. He was sentenced to 26 weeks' imprisonment; this was uplifted from 12 weeks. Additionally, they were given a three year restraining order from the victim (Humberside Case).

2. The defendant had an ongoing issue with their neighbour who is the victim in this case. On multiple occasions he subjected the victim to racial abuse when they were in the garden and walking around the local area. The defendant was found guilty in 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 100 hours of unpaid work, uplifted from 60 hours. The sentence also included a 12-month community order, 15 rehabilitative activity requirement days and ordered to pay £100 in compensation (Humberside Case).

3. The defendant caused an argument with their current partner which resulted in him leaving their house. He then proceeded to send a number of text messages to his partner making racist remarks about her ex-partner. The defendant pleaded guilty in the magistrates’ court to sending communications of an offensive nature. He was sentenced to 40 hours of unpaid work, 30 rehabilitation activity requirement days and ordered to pay £199 in costs. This was uplifted from what would have been a low level fine (North Yorkshire Case).

4. The defendant, who was known to local security for shoplifting, was spotted entering a shop and knocked down a display. Upon staff confronting him, he became racially abusive towards the staff member. On a separate occasion he assaulted a worker in a fast-food chain. 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, one charge of common assault and one charge of assault by beating. He was sentenced to five months' imprisonment suspended for 12 months, uplifted from four months' imprisonment (South Yorkshire Case).

5. The defendant approached the victim's house and started banging on the door and making threats. On police arrival this escalated to racial abuse and he was detained. He 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 and behaving in public in a way that someone present may be caused harassment, alarm or distress by that behaviour. The defendant was sentenced to a £200 fine, uplifted from £120, and ordered to pay an additional £165 in costs (West Yorkshire Case).

6. The defendant spotted the victim leaving their home and made racial slurs and threats towards them. This happened on multiple occasions. He pleaded guilty in the magistrates’ court after appearing on warrant 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 behaving in public in a way that someone present may be caused harassment, alarm or distress by that behaviour. The defendant was sentenced to 160 hours of unpaid work, uplifted from 120 hours. Additionally, he was also sentenced to a 12-month community order, 15 rehabilitative activity requirement days, £300 to be paid in costs and £100 to be paid in compensation (West Yorkshire Case).

7. The defendant entered a taxi that was prebooked for someone else and was told to exit the vehicle. She became agitated and proceeded to racially abuse the taxi driver. 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. She was ordered to pay £250 compensation to the victim and fined £100, the uplift was the addition of the compensation to the victim (West Yorkshire Case).