Ambush defences not to be tolerated, Crediting of time on remand, Sentencing principles, New drug testing powers for police
RACIALLY AGGRAvaTED OFFENCE
R v Rogers [2007] UKHL 8, [2007] All ER (D) 359 (Feb)
The defendant directed abuse at a group of Spanish women, and used the phrase “bloody foreigners”. The defendant appealed against conviction for an offence of racially aggravated threatening behaviour, contrary to the Public Order Act 1986, s 4 and the Crime and Disorder Act 1998 (CDA 1998), s 31(1)(a), arguing that the phrase used was not capable of demonstrating hostility based on membership of a racial group. It was accepted by the defendant that if he had used the phrase “bloody Spaniards” then he would be guilty.
HELD
(i) The definition of a racial group clearly goes beyond groups defined by their colour, race or ethnic origin. It encompasses both nationality (including citizenship) and
national origins.
(ii) The statute intended a broad non-technical approach, rather than a construction which invited distinctions. This flexible, non-
technical approach makes sense, not only as a matter of language, but also in policy terms. The mischiefs attacked by the aggravated
