The defendant was accused of having racially abused the complainant by referring to him as an ‘immigrant doctor’ before the assault. The trial judge had held that the word ‘immigrant’ was so wide in its possible application as not to be capable of constituting racial abuse.
Held: Whether such words constituted racial agravation in the particular context was a matter for the jury. It was open to the jury to conclude that the defendant had identified her victim as falling into the following racial groups from his appearance and from his accent. Indian, brown skinned. Each of those was unquestionably a racial group within the definition in section 28(4). The word that she used to display hostility was ‘immigrant’. Whether or not ‘immigrants’ constituted a further racial group within the definition in section 28(4), it was open to the jury to find that by using the word immigrant, the defendant was demonstrating hostility to the victim because he was Indian and brown skinned.
Judges:
Auld LJ, Beatson J, Wakerley J
Citations:
[2005] EWCA Crim 889, Times 17-May-2005, [2005] 1 WLR 2810, [2005] 2 Cr App R 26
Links:
Statutes:
Criminal Justice Act 1972 36, Crime and Disorder Act 1998 28(4), Criminal Justice Act 1972 36
Jurisdiction:
England and Wales
Citing:
Applied – Director of Public Prosecutions v M (A Minor) Admn 25-May-2004
There was an argument over payment for food with the Turkish chef of a takeaway kebab shop during the course of which the defendant used the words ‘bloody foreigners’ and pushed the shop window causing it to crack. The justices doubted whether the . .
Application for leave – Attorney General Reference No 4 of 2004; Re Green CACD 4-May-2004
A-G’s appeal from unduly lenient sentence of 4 years for offences of aggravated burglary and two counts of robbery.
Held: Granted. 6 years substituted. . .
Cited by:
Applied – Rogers, Regina v CACD 10-Nov-2005
The defendant appealed his conviction for racially aggravated abusive or insulting words or behaviour with intent to cause fear or to provoke violence. He was driving his motorised scooter and came across three Spanish women. In the course of an . .
Cited – Rogers, Regina v HL 28-Feb-2007
The House was asked whether the use of the phrases ‘bloody foreigners’ and ‘get back to your own country’ counted to make a disturbance created by the defendant a racially aggravated crime.
Held: (Baroness Hale of Richmond) ‘The mischiefs . .
Cited – Kendall v Director of Public Prosecutions Admn 26-Jun-2008
Appeal by case stated against conviction for racially aggravated publishing of threatening abusive or insulting materials. The defendant had put up posters at various places with pictures of people convicted of murder and announcing ‘Illegal . .
Cited – Taiwo and Another v Olaigbe and Others SC 22-Jun-2016
The claimants had been brought here illegally to act as servants for the defendants. They were taken advantage of and abused. They made several claims, but now appealed against rejection of their claims for discrimination. The court was asked . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 30 June 2022; Ref: scu.224919