Abh, Racially Or Religiously-Aggravated

ABH, Racially or Religiously-Aggravated

202.3 General cases Up to 3 years imprisonment

R v Sweet 2011 EWCA Crim 1208 D pleaded to racially-aggravated ABH at his PCMH. On his 18th birthday, and after drinking, D attacked V, a 61-year-old man who had travelled from India to visit his son. D’s friends attacked V’s son. D grabbed V, punched him in the nose and eye causing two black eyes and a nose bleed. D also pulled V to the floor and fell on him heavily, dislocating his shoulder. D then said “Paki bastard, why don’t you go back to the country where you came from”. D, 18, had convictions for assault (Referral Order), Robbery (Supervision Order and Curfew Order) and burglary and theft. He was ashamed of what he had done and professed he did not hold racist views. Held. It was an unprovoked violent attack on an elderly man prompted by racist attitudes. V had suffered significant injuries. The Judge gave an 8-month uplift for the racial element which cannot be described as excessive or even severe. With the mitigation for his age, the plea and the fact this is his first custodial sentence, 22 months for the assault, not 30, with 8 months for the racial element.