Babbs, R. v

Babbs, R. v

The judge was entitled to leave the issue to the jury, who could properly find that the appellant's earlier words demonstrated racial hostility that continued up to and coloured the assault, thus satisfying the immediacy requirement of section 28(1)(a). The judge's directions were adequate and the conviction was safe.

Parties
Prosecutor: Regina; Appellant: Richard John Babbs
Jurisdiction
England and Wales
Judgment Date
25 October 2007
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed; conviction upheld
Legal Topics
Racially Aggravated Assault, Section 28 Crime and Disorder Act 1998, Hostility Based on Race, Timing of Hostility Demonstration
Criminal Law Racially Aggravated Assault Section 28 Crime and Disorder Act 1998 Hostility Based on Race Timing of Hostility Demonstration

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Parties

Regina

Prosecutor

Richard John Babbs

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the words and conduct of the appellant satisfied the immediacy requirement under section 28(1)(a) of the Crime and Disorder Act 1998 for racially aggravated assault
  2. 2 Whether the judge properly directed the jury on the issue of immediacy and racial hostility

Ratio Decidendi

The judge was entitled to leave the issue to the jury, who could properly find that the appellant's earlier words demonstrated racial hostility that continued up to and coloured the assault, thus satisfying the immediacy requirement of section 28(1)(a). The judge's directions were adequate and the conviction was safe.

Court Disposition

appeal dismissed; conviction upheld