Source: All England Reporter
Publisher Citation: [2002] All ER (D) 78 (Mar)
Court: Divisional Court
Judge:

Rose LJ and Forbes J

Representation Rhyddian Willis (instructed by the Crown Prosecution Service, Eastleigh) for the prosecution.
  John Causer (instructed by Peach Gray & Co, Southampton) for the defendant.
Judgment Dates: 7 March 2002

Catchwords

Criminal law - Threatening, abusive and insulting language - Racially aggravated threatening behaviour - White defendant calling black victim a 'jungle bunny', 'black bastard' and 'wog' - Deputy district judge finding language not motivated by hostility towards members of racial group based on victim's membership of racial group - Whether deputy district judge in error - s 4 - s 28(1)(a) and (b).

The Case

A deputy district judge had been wrong to acquit a white defendant, who had called the black victim a 'jungle bunny', a 'black bastard' and a 'wog', of an offence of a racially aggravated offence under s4 of the and s31(1)(A) and (4) of the Crime Disorder Act 1998 on the basis that the language used, although racial in nature was not motivated by hostility towards the victim based on the victim's membership of a racial group but because of hostility towards the victim's conduct in parking in a disabled bay which the defendant wished to use.

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