They’re dealing out swift justice to the rioters

[JonathanM]

I thank you for the bit in brackets

But I have to say that imo there is a bit of a contradiction in your post...

'publishing material intending to stir up racial hatred' is a hate crime and an aggravating factor...

Otherwise why would she have posted what she did?

Of course like some on here and other places, she could have had one too many...

But often that is when true feelings/believes can come out!

If you read the sentencing guide, they don't list hate as a possible aggravating factor for this crime. I think it's a red herring. To be charged with "stirring up racial hatred with hate" doesn't seem sensible to me.

Racial hatred offences/ Hatred against persons on religious grounds or grounds of sexual orientation – Sentencing

www.sentencingcouncil.org.uk

 

[IT Minion]

Inciting race crimes through malice Vs through stupidity?

The woman who kicked off the Farage Riots is a long standing conspiracy theorist and anti-vaxer.

 

[ellal]

If you read the sentencing guide, they don't list hate as a possible aggravating factor for this crime. I think it's a red herring. To be charged with "stirring up racial hatred with hate" doesn't seem sensible to me.


View attachment 351986

But you seem to have omitted the 'vulnerable/impressionable audience' bit...

And the 'Timing of incident - particularly sensitive social climate'...

Which of those doesn't apply to the current climate of racially motivated riots?

 

[JonathanM]

Of course like some on here and other places, she could have had one too many...

But often that is when true feelings/beliefs can come out!

There are some crimes where being too drunk to form the required intent is a defence.

 

[ellal]

There are some crimes where being too drunk to form the required intent is a defence.

That depends on whether the intoxication is voluntary or involuntary!

 

[JonathanM]

But you seem to have omitted the 'vulnerable/impressionable audience' bit...

And the 'Timing of incident - particularly sensitive social climate'...

Which of those doesn't apply to the current climate of racially motivated riots?

I was purely talking about whether hate could be an aggravating factor for this offence

In both of the far right riot cases decided so far "Timing of incident - particularly sensitive social climate" was found to be an aggravating factor.

 

[JonathanM]

That depends on whether the intoxication is voluntary or involuntary!

I was actually only meaning voluntary intoxication, and was wondering whether that might theoretically be a potential defence in a case like this.

 

[ellal]

I was actually only meaning voluntary intoxication, and was wondering whether that might theoretically be a potential defence in a case like this.

Like maybe the Councillor said to his wife, 'have another one before you go online'?

 

[JonathanM]

Like maybe the Councillor said to his wife, 'have another one before you go online'?

Not specifically. There are all sorts of ways a drunk person could end up being online and posting something they don't even remember.

 

[motorbiking]

If you read the sentencing guide, they don't list hate as a possible aggravating factor for this crime. I think it's a red herring. To be charged with "stirring up racial hatred with hate" doesn't seem sensible to me.

Racial hatred offences/ Hatred against persons on religious grounds or grounds of sexual orientation – Sentencing

www.sentencingcouncil.org.uk

View attachment 351986

See reference to persistence

 

[JohnD]

See reference to persistence

Yes, a lot of today's RWRs display persistent hatred of Muslims.

 

[noseall]

Yeah just seen it. It'll be interesting to see if Farage et al wait until the persons details are formally released or jump the gun.

I doubt it. The fella that disarmed the attacker is called Abdullah.

 

[Mottie]

.

 

[Mrs Ten Names]

There are some crimes where being too drunk to form the required intent is a defence.

Drunk and disorderly?
DUI?

Seriously, which crimes do you have in mind?

 

[Mrs Ten Names]

Not specifically. There are all sorts of ways a drunk person could end up being online and posting something they don't even remember.

Amnesia is not a defence for a crime.