The court contrasted allegations under sections 28(1)(a) and 28(1)(b): ‘paragraph (a) form is not concerned so much with the offender’s state of mind but with what he did or said so as to demonstrate racial hostility towards the victim. In contrast, the paragraph (b) form is concerned with the offender’s motivation, which necessarily involves considering his state of mind.’
Judges:
May LJ
Citations:
[2004] EWHC 183 (Admin)
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Taylor v Director of Public Prosecutions Admn 28-Apr-2006
The defendant appealed conviction for racially aggravated use of threatening abusive or insulting words or behaviour. She said that apart from the police there was nobody else about to give rise to any risk of distress.
Held: It was a quiet . .
Cited – Regina v SH CACD 3-Aug-2010
The prosecutor had appealed immediately against the judge’s withdrawal of a charge of racially aggravated use of insulting words or behaviour. The judge then ignored his obligation to continue the trial without mentioning the issue to the jury. He . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 08 October 2022; Ref: scu.193942