CPS Yorkshire and Humberside: Hate crime sentence uplift examples, December 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 December 2023 which resulted in a conviction and an uplifted sentence.
Racially aggravated cases
1. The defendant while intoxicated walked up a security officer who was outside a pub which the defendant had previously been barred from. He confronted the officer and tried to provoke him by lunging towards him and then directed racial abuse towards him. 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. He was sentenced to 80 hours of unpaid work, uplifted from 60 hours, and given a 12-month community order (Humberside Case).
2. The defendant confronted the victim in a shop over a dispute with queuing to pay for goods. As the victim was being served the defendant shouted racial abuse towards him. When being escorted out, he made more racial comments towards the victim. 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 100 hours of unpaid work, uplifted from 80 hours. The sentence also included a 12-month community order, 10 rehabilitative activity requirement days and was ordered to pay £199 in costs (Humberside Case).
3. The defendant while being treated in hospital made numerous racially abusive comments to the staff who were treating him. This escalated further and he threw a hot drink over a staff member. He pleaded guilty in the magistrates’ court to racially aggravated common assault 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. The defendant was sentenced to 12 weeks' imprisonment, uplifted from 8 weeks. He was also ordered to pay £75 to both victims (Humberside Case).
4. The defendant parked his car on double yellow lines while going into a shop. A traffic warden noted that the car was illegally parked and proceeded to give the defendant's vehicle a ticket. At this point the defendant approached and started a confrontation resulting in him racially abusing the traffic warden. 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. The defendant was sentenced to a £300 fine, uplifted from what would have been discharge. He was also ordered to pay £100 in compensation and £205 in costs (West Yorkshire Case).
5. The defendant approached the victim at their house and caused a confrontation regarding the parking of the victim's car. This escalated to the victim being assaulted and racially abused. On gathering evidence, it was also found the defendant had a similar confrontation with another neighbour. She pleaded guilty at trial in the magistrates’ court to two charges of assault and two charges of racially aggravated assault. The defendant was sentenced to 25 rehabilitative activity requirement days, uplifted from 20. The sentence also included a restraining order from the two victims for a year and she was also ordered to pay £250 in compensation (West Yorkshire Case).
6. The victim was in the garden playing with her child and the defendant was in their own garden. The defendant accidently dropped their ash tray causing it to smash. The victim looked over to see what had happened but was met with multiple racially abusive comments from the defendant who had become irritated. The defendant pleaded guilty in the magistrates to the charges of using threatening language and 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 £400 fine, uplifted from £200 and ordered to pay £50 compensation as well as £160 in costs (West Yorkshire Case).
Homophobic hate crime cases:
1. The defendant approached the bar to order a drink, the bartender informed him that the bar had now closed. Irritated by this, the defendant then made multiple homophobic remarks to the bartender. Upon arrest he was found in possession of a bladed article and cannabis. He pleaded guilty at the magistrates’ court to using aggravated threatening, abusive or insulting words or behaviour in public which may result in someone present fearing the use of immediate unlawful violence, possession of a knife in a public place and also possession of a Class B drug. The defendant was sentenced to 80 hours of unpaid work, uplifted from 60 hours. The sentence also included a 12-month community order, 10 rehabilitative activity requirement days and he was ordered to pay £150 compensation (South Yorkshire Case).
2. The defendant complained to his neighbour about where he had parked his bike. When the victim dismissed his comments, he made multiple homophobic remarks towards him. At the magistrates’ court he pleaded guilty to using aggravated threatening, abusive or insulting words or behaviour in public which may result in someone present fearing the use of immediate unlawful violence. His sentence included £150 compensation to be paid to the victim, this was the uplift. He was also ordered to pay a £150 fine (West Yorkshire Case).