CPS Yorkshire and Humberside: Hate crime sentence uplift examples, January 2024

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 January 2024 which resulted in a conviction and an uplifted sentence.

Racially aggravated cases

1.    The victim approached and confronted the defendant and associates who were loitering near the victim’s garage. The defendant became irritated and made threats and racial remarks towards the victim. This escalated when the defendant went to his car to get a hammer and swung at the victim which caused injury to his hand. The defendant pleaded guilty at the trial in the Crown Court to racially aggravated assault, having an offensive weapon, assault occasioning actual bodily harm, threatening another with an article with blade or point and affray. He was sentenced to five years' imprisonment; this was uplifted from four years and six months (Humberside Case).

2.    The defendant had been discharged from the hospital but refused to leave the area, the security officer escorted him off the premises but he became agitated and shouted racial abuse towards him in retaliation. 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 12 weeks' imprisonment, uplifted from 8 weeks, and ordered to pay £154 in costs (Humberside Case).

3.    The defendant and his partner had an altercation, and the police were called to their house. Once the officers arrived, the defendant racially abused his partner, threw a bin towards her and punched a hole in the kitchen wall. The defendant pleaded guilty at the magistrates’ court to racially aggravated common assault, racially aggravated criminal damage and resisting arrest. He was sentenced to 18 weeks' imprisonment, suspended for 2 years. Additionally, the sentence included 6 months' alcohol treatment requirement, 20 rehabilitative activity requirement days and ordered to pay £239 in costs. Without the uplift, the sentence would have been a community order only (Humberside Case).

4.    The defendant was confronted by a security officer after attempting to shoplift items from a shop. This caused the defendant to be agitated and she made numerous racial comments towards the victim. The defendant appeared on warrant at the magistrates’ court and pleaded guilty 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 sentenced to 12 weeks' imprisonment, uplifted from 8 weeks, suspended for 12 months (North Yorkshire Case).

5.    The defendant walked into a bar and had an altercation with the security staff. This resulted in numerous racial remarks directed towards the staff member. The defendant pleaded guilty at the magistrates’ court to the charges of racially aggravated intentional harassment and racially aggravated harassment. He was sentenced to 100 hours of unpaid work, uplifted from 70 hours. Additionally, the sentence included a 12-month community order, 20 rehabilitative activity requirement days and ordered to pay £199 in costs (North Yorkshire Case).

6.    The defendant on multiple visits to a health centre made frequent and numerous racial remarks to staff members. He also entered different establishments and made racial remarks and threats to other employees within the same week. Once detained, he urinated and defecated on the floor of his cell. The defendant pleaded guilty at the magistrates’ court to two charges of using threatening language, racially aggravated intentional harassment, racially aggravated harassment and criminal damage to property. He was sentenced to 20 weeks' imprisonment, uplifted from 16 weeks and ordered to pay £300 compensation to victims (South Yorkshire Case).

7.    The defendant made a racist insult to a member of staff working in a shop. Upon police arrival the defendant made further racist insults towards the victim. He pleaded guilty at the magistrates’ court to using threatening language and to racially aggravated intentional harassment. The defendant was sentenced to 16 weeks' imprisonment, uplifted from 10 weeks, and ordered to pay £150 compensation to the victim (West Yorkshire Case).

8.    The defendant lives in a multiple occupancy address and was seen entering another address nearby and having an altercation with the owner. The security officer confronted the defendant about this and was met with multiple threats and racial abuse. He pleaded guilty at the magistrates’ court to using racially aggravated common assault and using threatening language. He was sentenced to 150 hours of unpaid work and 25 rehabilitative activity requirement days, uplifted from 100 hours and 20 days respectively. The sentence also included a 18-month community order, a 6-month alcohol treatment requirement and £300 compensation (West Yorkshire Case).

Homophobic hate crime cases:

1.    The victim was in his house when the defendant passed and made multiple homophobic slurs towards him. This happened frequently over the course of three years. The child defendant pleaded guilty at the magistrates’ court to using threatening language to cause harassment. He was sentenced to a 6-month referral order, uplifted from 4 months due to the homophobic element (Humberside Case).