||All England Reporter
|| All ER (D) 78 (Mar)
Rose LJ and Forbes J
||Rhyddian Willis (instructed by the Crown Prosecution Service, Eastleigh) for the prosecution.
||John Causer (instructed by Peach Gray & Co, Southampton) for the defendant.
||7 March 2002
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).
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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