Director of Public Prosecutions, R (on the application of) v Dykes

Director of Public Prosecutions, R (on the application of) v Dykes

The magistrates misdirected themselves by failing to properly consider section 28(1)(b) and focusing on the absence of the victim and the frequency of the racial slur. However, it is not possible to say that the only possible conclusion on the facts found was that the offence was racially aggravated, as the...

Source-derived case information.

Parties
Claimant: Director of Public Prosecutions; Defendant: Aaron Dykes
Jurisdiction
England and Wales
Judgment Date
21 October 2008
Procedural Posture
Criminal Appeal by Way of Case Stated / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Racially Aggravated Offences, Public Order Offences, Appeal by Way of Case Stated
Criminal Law Racially Aggravated Offences Public Order Offences Appeal by Way of Case Stated

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Parties

Director of Public Prosecutions

Claimant

Aaron Dykes

Defendant

Procedural Posture

Criminal Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether the magistrates erred in acquitting the respondent of a racially aggravated offence under section 31(1)(c) of the Crime and Disorder Act 1998, having convicted him of the basic offence under section 5 of the Public Order Act 1986.
  2. 2 Whether the magistrates failed to properly consider section 28(1)(b) of the Crime and Disorder Act 1998 regarding motivation by racial hostility.

Ratio Decidendi

The magistrates misdirected themselves by failing to properly consider section 28(1)(b) and focusing on the absence of the victim and the frequency of the racial slur. However, it is not possible to say that the only possible conclusion on the facts found was that the offence was racially aggravated, as the motivation may have been annoyance at being removed from the hospital rather than racial hostility. The appeal is dismissed.

Court Disposition

appeal dismissed