EWHC 523 (Admin)
Motive did not have to be proved for each limb of the Crime and Disorder Act 1998 s.28(1). Under s.28(1)(a) no subjective intent was required; the test was objective and one had merely to show the demonstration of racial hostility. By contrast, under s.28(1)(b) the motivation behind the behaviour had to be proved.
QBD (Admin) (Ouseley J)