MARQUETTE CAIN v CROWN PROSECUTION SERVICE

MARQUETTE CAIN v CROWN PROSECUTION SERVICE

It was properly open to the Crown Court to find that the Appellant demonstrated hostility towards PC Yansen based on his membership of a racial group, as the words used were a criticism of him as a black officer behaving in a way the Appellant regarded as unacceptable for a black man, thus satisfying section 28(1)(a) of the Crime and Disorder Act 1998.

Parties
Appellant: Marquette Cain; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
14 June 2022
Procedural Posture
Criminal Appeal (case Stated) / High Court Appeal From Crown Court Conviction
Outcome
Appeal dismissed
Legal Topics
Racially Aggravated Offences, Interpretation of Hostility, Section 4 a Public Order Act 1986, Section 31 Crime and Disorder Act 1998, Section 28 Crime and Disorder Act 1998
Criminal Law Public Order Hate Crime Racially Aggravated Offences Interpretation of Hostility Section 4 a Public Order Act 1986 Section 31 Crime and Disorder Act 1998 Section 28 Crime and Disorder Act 1998

Case Brief

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Parties

Marquette Cain

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Criminal Appeal (case Stated) / High Court Appeal From Crown Court Conviction

Legal Issues

  1. 1 Whether the offence committed by the Appellant was racially aggravated under section 28(1)(a) Crime and Disorder Act 1998 by the words used and directed at PC Yansen.

Ratio Decidendi

It was properly open to the Crown Court to find that the Appellant demonstrated hostility towards PC Yansen based on his membership of a racial group, as the words used were a criticism of him as a black officer behaving in a way the Appellant regarded as unacceptable for a black man, thus satisfying section 28(1)(a) of the Crime and Disorder Act 1998.

Court Disposition

Appeal dismissed

Orders

  • The certified question is answered in the affirmative: it was open to the Crown Court to find the offence racially aggravated.
  • Conviction upheld.