||All England Reporter
|| All ER (D) 154 (Jan)
Maurice Kay J
||David Bradshaw (instructed by the Crown Prosecution Service, Humberside) for the prosecution.
||W did not appear and was not represented.
||22 January 2002
Criminal law - Assault - Aggravated assault - Racially aggravated assault - Factors to be taken into account when assessing whether defendant's hostility to victim on basis of victim's membership of racial group - ss 28(1)(a), 28(3)(b), 29.
When considering whether an offence was racially motivated for the purposes of s28(1)(a) of the in light of words uttered immediately prior to the offence, the following matters were irrelevant: (i) victim's perception of the words used; (ii) any additional reason, unrelated to race, for uttering the words; and (iii) the fact that in the defendant's frame of mind at the time he uttered the words, he would have abused anyone by reference to an obvious physical characteristic.
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