Source: All England Reporter
Publisher Citation: [2002] All ER (D) 154 (Jan)
Court: Administrative Court

Maurice Kay J

Representation David Bradshaw (instructed by the Crown Prosecution Service, Humberside) for the prosecution.
  W did not appear and was not represented.
Judgment Dates: 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.

The Case

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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