CPS Yorkshire and Humberside: Hate crime sentence uplift examples - Cases finalised in November 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 November 2023 which resulted in a conviction and an uplifted sentence.
Racially aggravated cases
1. The defendant who is a direct neighbour of the victim, knocked on the victim’s front door while being intoxicated to discuss issues between them both. The victim has not wanted to engage in this conversation and was racially abused as a result. The defendant pleaded guilty at 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. He was sentenced to 10 rehabilitative activity requirement days, uplifted from 8 days. Additionally, his sentence also included a 12-month community order, £440 fine and ordered to pay £199 in costs (Humberside Case).
2. The defendant’s age was challenged when attempting to buy alcohol in a shop, he did not have any ID with him and caused a confrontation with the shop employee which escalated to him racially abusing the victim. The defendant 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. He was sentenced to 130 hours unpaid work, uplifted from 100 hours. The sentence also included a £500 fine, £50 compensation and £199 to be paid in costs (North Yorkshire Case).
3. The defendant was confronted by a member of security at a bus station for kicking and damaging glass doors in the building. This resulted in the defendant racially abusing the security officer. 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 criminal damage. He was sentenced to 12 weeks' imprisonment, uplifted from 8 weeks and ordered to pay £100 compensation to the victim (South Yorkshire Case).
4. The defendant rang the emergency service phoneline and used several indirect racist slurs to the operator and the phone call was subsequently terminated. The defendant pleaded guilty in the magistrates’ court to the charge of sending by means of a public electronic communications network a message that was grossly offensive or of an indecent, obscene or menacing character. He was sentenced to 25 rehabilitative activity requirement days, uplifted from 15 due to racial element of the crime and made to pay £199 in costs (South Yorkshire Case).
5. The defendant was residing at a guest house and damaged a door when attempting to get into his room. The owner was alerted and confronted the defendant about the damage and his behaviour. This was met with an attempt to punch the victim and another resident had to intervene. Upon waiting for police arrival, the defendant made multiple racist comment towards the other resident who intervened. He 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, assault by beating and criminal damage to property. He was sentenced to a total of 28 weeks imprisonment, uplifted from 26 weeks and ordered to pay £350 in compensation (South Yorkshire Case).
6. The defendant made multiple racially abusive comments to two members of staff who were working at a supported accommodation, he then fled the building. 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. The defendant was sentenced to 28 weeks' imprisonment, uplifted from 26 weeks. This included sentences for other crimes he had been found guilty of on other occasions (West Yorkshire Case).
7. The defendant entered a taxi and requested to be taken to an address, a dispute then occurred with the defendant and taxi driver regarding payment. This resulted in the defendant racially abusing the driver. The defendant pleaded guilty at the magistrates’ court 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. She was sentenced to six weeks' imprisonment, uplifted from four weeks which was suspended for 12 months. Additionally, they were ordered to do 30 rehabilitative activity requirement days (West Yorkshire Case).
Homophobic hate crime cases
1. The defendant assaulted two people on his way to the bus station, causing serious injury to both of them. He followed this up with homophobic abuse directed at one of the victims. The defendant pleaded guilty in the Crown Court to Affray, using or threatening unlawful violence towards other persons and his conduct was such as would cause a person of reasonable firmness present at the scene to fear for his personal safety. He was sentenced to 18 months' imprisonment; this was uplifted from 16 months due to the homophobic element. (North Yorkshire Case).
2. The defendant had been playing loud music for a long period of time, a neighbour knocked on the door and was confronted by the defendant and he shouted homophobic abuse towards them. The defendant pleaded guilty in the magistrates’ court to the charge of harassment without violence. He was sentenced to 30 rehabilitative activity requirement days, uplifted from 20 days for the homophobic element. Additionally, he was also given 9 months of mental health treatment requirements, 6 months of alcohol treatment requirement and a restraining order from the victim (South Yorkshire Case).