HSK v Crown Prosecution Service [2022] EWHC 2213 (Admin) (26 August 2022)

HSK v Crown Prosecution Service [2022] EWHC 2213 (Admin) (26 August 2022)

The Justices did not find that the appellant himself was motivated by racial hostility or that all members of the group, including the appellant, had the necessary motivation; therefore, the conviction for the racially aggravated offence could not stand.

Citation
[2022] EWHC 2213 (Admin)
Parties
Appellant: HSK; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
26 August 2022
Procedural Posture
Criminal Appeal by Way of Case Stated / Application for Extension of Time and Substantive Appeal
Outcome
appeal allowed
Legal Topics
Racially Aggravated Offences, Joint Enterprise, Extension of Time, Section 20 Offences, Appeal by Case Stated
Criminal Law Youth Justice Racially Aggravated Offences Joint Enterprise Extension of Time Section 20 Offences Appeal by Case Stated

Case Brief

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Parties

HSK

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Criminal Appeal by Way of Case Stated / Application for Extension of Time and Substantive Appeal

Legal Issues

  1. 1 Whether the appellant could be convicted of a racially aggravated section 20 offence as part of a group attack where it was not clear who expressed racial hostility
  2. 2 Whether the findings of fact supported a conviction for racially aggravated assault under section 28 of the Crime and Disorder Act 1998

Ratio Decidendi

The Justices did not find that the appellant himself was motivated by racial hostility or that all members of the group, including the appellant, had the necessary motivation; therefore, the conviction for the racially aggravated offence could not stand.

Court Disposition

appeal allowed

Orders

  • Conviction for racially aggravated section 20 offence quashed
  • Conviction for section 20 offence substituted