Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
12 Cards in this Set
- Front
- Back
|
Sir John Smith QC |
'It is deplorable that the government is able to find time for ill-considered 'politically correct' legislation of this kind' |
|
|
Baroness Hale |
'The mischiefs attached by the aggravated versions of these offences are racism and xenophobia...this is more hurtful, damaging and disrespectful to the victims then the simple versions of these offences. |
|
|
Crime and Disorder Act 1998, s28 and 29 (as ammended by the Anti-terrorism, crime and security Act 2001) |
Determine if you are dealing with a s28(1) (a) or (b) offence |
|
|
Punishment |
If assault/battery are racially or religiously aggravated-max 2 years IF s47 ABH is racially/religiously aggravated-7 years max If s20 offence is racially/religiously aggrvated-7 years |
|
|
Rogers |
3 Spanish tourists were called 'bloody foreigners' by D and he told them to return to their own country. He was charged with a racially aggravated public order offence. D argued the insult wasn't racist (as he didn't refer to them as Spanish) but HL rejected this argument as they wanted to take a wide view of racism. |
|
|
R v SH |
CA said that repeatedly referring to a Nigerian man as a monkey created strong evidence of racial hostility. |
|
|
DPP v Pal |
Caretaker of a commmunity centre was of asian appearence. He ejected D (an asian man) from the building. D called him a 'brown enlgishman' and a 'whiteman's arse licker' and attacked him. In this case, the court held this was not a racially aggravated assault. They said the assault was motivated by D's anger at being asked to leave and by what D regarded as the caretaker's close relationship with the whites. Some people think this is a very questionable decision. However the Court emphasised that just because D and C were of the same race did not mean a racially aggravated assault could not be committed. |
|
|
DPP v Woods (s28(1)(a)) |
As long as racial or religious hostility is demonstrated, we don't ave to show the attack was motivated by racial or religious hostility. |
|
|
Parry v DPP (s28(1)(b)) |
D, 20 mins after attacking the victim admitted it was racially motivated. He made certain comments that there was racial hostility and the court said that was caught by s28(1)(a) as it was immediate enough. |
|
|
DPP v Howard (s28(1)(b) |
D chanted at his neighbours (police officers) that 'I'd rather be a Paki than a cop' and was charged with a public order offence. Magistrate's said there was insufficient evidence of racial hostility and said evidence suggested that the real motivation for his crime was a hatred for his neighbour. |
|
|
Kendall v DPP (s28(1)(b) |
Person displayed several posters of black men who had been convicted of manslaughter bearing the title 'illegal immigrant murder scum'. He claimed his motive was to drum up support for BNP but it was said in this case that there was enough evidence for racial hostility for offence to be pursued. |
|
|
Scoping Report 2015 |
The provisions relating to racially or religiously aggravated crimes of violence should be amended to refer to the recommended offences (e.g physical assault, threatened assault etc) They should not refer to aggravated assault Max sentence for racially/religiously aggravated form of recklessly causing serious injury should be ten years. |
