QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE FIELD
|PETER MARK PARRY||(CLAIMANT)|
|DIRECTOR OF PUBLIC PROSECUTIONS||(DEFENDANT)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MISS A PRICE (instructed by CPS WREXHAM) appeared on behalf of the DEFENDANT
Crown Copyright ©
"no, those Irish cunts have been stealing my son's trainers from the front door."
"I can say what I like about those IRA bastards in my own home."
"A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged, shall be guilty of an offence."
30(1) "A person is guilty of an offence under this section if he commits an offence under section 1(1) of the Criminal Damage Act 1971 (destroying or damaging property belonging to another) which is racially or religiously aggravated for the purposes of this section.
30(3)"For the purposes of this, section 28(1)(a) above shall have effect as if the person to whom the property belongs or is treated as belonging for the purposes of that Act were the victim of the offence."
S.28(1) "An offence is racially or religiously aggravated for the purposes of sections 29 to 32 below if;
"(a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim's membership (or presumed membership) of a racial or religious group;
(b) the offence is motivated (wholly or partly) by
hostility towards members of a racial or religious group based on their membership of that group."
S.28(3) "It is immaterial for the purposes of paragraph (a) or (b) in (1) above whether or not the offender's hostility is also based to any extent on any other factor not mentioned in that paragraph."
S.28(4) "In this section racial group means a group of persons defined by reference to race, colour, nationality, including citizenship or ethnic or national origins."
"(1) Under construction of section 28(1)(a) of the Crime and Disorder Act 1998 is the requirement that hostility demonstrated towards the victim must be done at the time of the offence or immediately before or immediately after the offence was committed?
"(2) If the Act requires such hostility to be demonstrated immediately after the offence was committed, whether in the absence of knowing what time the offence was committed, where a period of at least 20 minutes lapses between the offence being reported and the hostility, does that hostility fall within the requirement of "immediately after"?
"(3) Where an offence is reported and subsequently investigated and during that investigation hostile comments are made whilst not under caution, is it right that those comments can form the basis of the investigated offence to be charged as a racially aggravated offence?
"(4) Whether hostility can be demonstrated towards the victim when done so in answering questions to a police officer?
"(5) Whether hostility be demonstrated toward a victim in the victim's absence, and in the privacy of the defendant's own home?
"(6) Whether the court were entitled and or correct in law on the agreed facts to find the offence of racially aggravated criminal damage under section 28(1)(a) of the Crime and Disorder Act 1998 made out?"