HSK v Crown Prosecution Service

HSK v Crown Prosecution Service

The Justices did not find that the appellant himself demonstrated or was motivated by racial hostility, nor that all of the group had the necessary motivation. Therefore, the conviction for the racially aggravated offence could not stand on the findings made.

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 / Judgment on Application for Extension of Time and Substantive Appeal
Outcome
Appeal allowed
Legal Topics
Racially Aggravated Offences, Joint Enterprise, Extension of Time, Appeal by Case Stated
Criminal Law Youth Justice Racially Aggravated Offences Joint Enterprise Extension of Time 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 / Judgment on 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 demonstrated racial hostility or had the necessary motivation
  2. 2 Whether the findings of fact supported a conviction for the racially aggravated offence

Ratio Decidendi

The Justices did not find that the appellant himself demonstrated or was motivated by racial hostility, nor that all of the group had the necessary motivation. Therefore, the conviction for the racially aggravated offence could not stand on the findings made.

Court Disposition

Appeal allowed

Orders

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