Director of Public Prosecutions v M (A Minor)

Director of Public Prosecutions v M (A Minor)

The magistrates erred in law by failing to recognise that the words 'bloody foreigners', in context, were capable of demonstrating hostility based on presumed membership of a racial group as defined by section 28(4), and by failing to apply section 28(3), which makes other motivations immaterial. Their decision that there was no case to answer was unsound in law.

Parties
Claimant: Director of Public Prosecutions; Defendant: M (A Minor)
Jurisdiction
England and Wales
Judgment Date
25 May 2004
Procedural Posture
Criminal Appeal / Appeal From Magistrates' Decision
Outcome
appeal allowed
Legal Topics
Racially Aggravated Offences, Statutory Interpretation, Criminal Damage
Criminal Law Racially Aggravated Offences Statutory Interpretation Criminal Damage

Case Brief

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Parties

Director of Public Prosecutions

Claimant

M (A Minor)

Defendant

Procedural Posture

Criminal Appeal / Appeal From Magistrates' Decision

Legal Issues

  1. 1 Whether the words 'bloody foreigners' are capable of being construed as expressing hostility based on the victim's membership (or presumed membership) of a racial group under section 28(4) of the Crime and Disorder Act 1998
  2. 2 Whether there was a case to answer for racially aggravated criminal damage under section 28(1)(a) of the Crime and Disorder Act 1998

Ratio Decidendi

The magistrates erred in law by failing to recognise that the words 'bloody foreigners', in context, were capable of demonstrating hostility based on presumed membership of a racial group as defined by section 28(4), and by failing to apply section 28(3), which makes other motivations immaterial. Their decision that there was no case to answer was unsound in law.

Court Disposition

appeal allowed

Orders

  • Order under section 39 of the Children and Young Persons Act to protect the respondent's identity
  • Legal aid taxation granted