Rogers, R v

Rogers, R v

The court held that 'foreigners' constitute a racial group within the meaning of section 28(4) of the Crime and Disorder Act 1998, and that the appellant's words were capable of demonstrating hostility based on membership of such a group. The judge correctly applied binding precedent, and the appeal must fail.

Parties
Appellant: Rogers; Respondent: R
Jurisdiction
England and Wales
Judgment Date
10 November 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Racially Aggravated Offences, Interpretation of 'racial Group', Crime and Disorder Act 1998, Public Order Act 1986
Criminal Law Racially Aggravated Offences Interpretation of 'racial Group' Crime and Disorder Act 1998 Public Order Act 1986

Case Brief

Summary, issues, holding and outcome

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Parties

Rogers

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the term 'foreigners' constitutes a 'racial group' under section 28(4) of the Crime and Disorder Act 1998
  2. 2 Whether the appellant's words demonstrated hostility based on membership of a racial group

Ratio Decidendi

The court held that 'foreigners' constitute a racial group within the meaning of section 28(4) of the Crime and Disorder Act 1998, and that the appellant's words were capable of demonstrating hostility based on membership of such a group. The judge correctly applied binding precedent, and the appeal must fail.

Court Disposition

appeal dismissed