Cain v Crown Prosecution Service [2022] EWHC 1466 (Admin) (14 June 2022)

Cain v Crown Prosecution Service [2022] EWHC 1466 (Admin) (14 June 2022)

It was properly open to the Crown Court to find that the appellant's use of the word 'nigger' in the context of criticising a black officer for his conduct towards another black person demonstrated hostility based on the officer's membership of a racial group, satisfying the requirements of section 28(1)(a) of the Crime and Disorder Act 1998, regardless of the appellant's own race.

Citation
[2022] EWHC 1466 (Admin)
Parties
Appellant: Marquette Cain; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
14 June 2022
Procedural Posture
Criminal Appeal by Way of Case Stated / High Court (administrative Court) Judgment on Appeal From Crown Court
Outcome
Appeal dismissed
Legal Topics
Racially Aggravated Offences, Intentional Harassment, Alarm or Distress, Interpretation of Section 28 Crime and Disorder Act 1998, Use of Racially Abusive Language, Objective Test for Racial Hostility
Criminal Law Public Order Hate Crime Racially Aggravated Offences Intentional Harassment, Alarm or Distress Interpretation of Section 28 Crime and Disorder Act 1998 Use of Racially Abusive Language Objective Test for Racial Hostility

Case Brief

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Parties

Marquette Cain

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Criminal Appeal by Way of Case Stated / High Court (administrative Court) Judgment on Appeal From Crown Court

Legal Issues

  1. 1 Whether the appellant's words demonstrated hostility towards the victim based on his membership of a racial group under section 28(1)(a) Crime and Disorder Act 1998
  2. 2 Whether the fact that the appellant and victim are of the same racial group precludes a finding of racial aggravation
  3. 3 Whether the context and use of the word 'nigger' in this case amounted to a racially aggravated offence

Ratio Decidendi

It was properly open to the Crown Court to find that the appellant's use of the word 'nigger' in the context of criticising a black officer for his conduct towards another black person demonstrated hostility based on the officer's membership of a racial group, satisfying the requirements of section 28(1)(a) of the Crime and Disorder Act 1998, regardless of the appellant's own race.

Court Disposition

Appeal dismissed

Orders

  • The certified question is answered 'Yes': it was open to the Crown Court to find the offence racially aggravated by the words used.
  • Conviction upheld.