Source: All England Reporter
Publisher Citation: [2007] All ER (D) 359 (Feb)
Neutral Citation: [2007] UKHL 8
Court: House of Lords
Judge:

Lord Hoffmann, Lord Hope of Craighead, Lord Walker of Gestingthorpe, Baroness Hale of Richmond and Lord Mance

Representation Alastair Malcolm QC and Mark Florida-James (instructed by Churchers) for the defendant.
  David Perry QC and Louis Mably (instructed by Crown Prosecution Service) for the Crown.
Judgment Dates: 28 February 2007

Catchwords

Criminal law - Racially aggravated offence - Racial group - Definition - Whether 'foreigner' constituting racial group - , s 28(4).

The Case

'Foreigners' could constitute a racial group within the terms of s28(4). Whether the evidence in any particular case, taken as a whole, proved that the offender's conduct demonstrated hostility to such a group, or was motivated by such hostility, was a question of fact for the decision-makers in the case.

Practice Areas

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