Director of Public Prosecutions, R (on the application of) v Dykes [2008] EWHC 2775 (Admin) (21 October 2008)

Director of Public Prosecutions, R (on the application of) v Dykes [2008] EWHC 2775 (Admin) (21 October 2008)

The magistrates erred in their reasoning by failing to properly consider whether the offence was motivated in part by racial hostility under section 28(1)(b), but on the facts found, it was not possible to conclude that racial hostility was a motivating factor rather than annoyance at being asked to leave the hospital. Therefore, the acquittal could not be overturned.

Citation
[2008] EWHC 2775 (Admin)
Parties
Claimant: Director of Public Prosecutions; Defendant: Aaron Dykes
Jurisdiction
England and Wales
Judgment Date
21 October 2008
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Racially Aggravated Offences, Public Order Act 1986, Crime and Disorder Act 1998, Appeal by Case Stated
Criminal Law Public Order Racially Aggravated Offences Public Order Act 1986 Crime and Disorder Act 1998 Appeal by Case Stated

Case Brief

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Parties

Director of Public Prosecutions

Claimant

Aaron Dykes

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether the magistrates erred in acquitting the defendant of a racially aggravated offence under section 31(1)(c) of the Crime and Disorder Act 1998 by failing to properly consider section 28(1)(b) motivation limb.

Ratio Decidendi

The magistrates erred in their reasoning by failing to properly consider whether the offence was motivated in part by racial hostility under section 28(1)(b), but on the facts found, it was not possible to conclude that racial hostility was a motivating factor rather than annoyance at being asked to leave the hospital. Therefore, the acquittal could not be overturned.

Court Disposition

appeal dismissed

Orders

  • Appeal by Director of Public Prosecutions dismissed.