Hate Crimes Flashcards
what is a hate crime
- Crime motivated by malice and ill-will towards a social group
- Motivated by hatred or prejudice towards particular features of the victim’s identity
- Involves acts of violence and intimidation, usually directed towards already stigmatized and marginalized groups
Characteristics of Hate Crime
- 1/3 of hate crime in Scotland involved a victim who experienced an incident at their place of work or whilst undertaking duties as part of their occupation
- 2/3 of hate crime victims and ¾ of perpetrators were male
- In 50% of the crimes, the victim didn’t know the perpetrator
- Occur in a range of settings
what were the five protected characteristics in The Equality Act 2010
- Race
- Religion
- Sexual orientation
- Transgender identity
- Disability
explain the case of R v EL-Faisal (2004) EWCA Crim 456 and what sections apply
- Made audiotapes containing inflamamatory material
- S18(1) offence and S21(1)
what is S18(1) offence
using threatening, abusive or insulting words or behavior with intent to stir up racial hatred
what is S21(1) offence
distributing threatening, abusive or insulting recordings of sound with intent to stir up racial hatred
explain the case of explain Wilson v PF 2005 HCJAC 97 and what sections apply
- Distributing political leaflets on behalf of the BNP
- S19(1)(a)
what is the S19(1)(a) offence
distributing written material likely to create racial hatred
S.50A Criminal Law Act 1995:
Conduct that constitutes racially-aggravated harassment
case facts for Anderson v Griffiths 2005
Stated that the accused didn’t act in a racially aggravated manner by using the term ‘asylum seeker’ as there was no evidence that remarks were targeted at a racial group
case facts for Martin v Bott 2005
- Accused charged with acting in a racially aggravated manner by shouting as a spectator at a football match
- Not established that the person against whom the racially aggravated conduct was directed was affected
- Racially aggravated breach of the peace charge substituted for s.50 charge
case facts for Mclntyre v HMA 2005
- verbal harassment
- Telephone calls over 21 months involving racial remarks and threats of violence
case facts for Donnachie v PF 2012
- sincere and genuine belief in political views was no excuse
- Comments motivated by political views was no excuse
- Behavior caused alarm and distress
what is stated in S96 Crime and Disorder Act 1998
certain listed offences can be racially or religiously aggravated, e.g. a person commits a crime and in doing so demonstrates, or is motivated by hostility on the grounds of race/ religion, that offence becomes a separate and additional aggravated offence
case example for S96 Crime and Disorder Act 1998
Dyer v Hutchison 2006