Practice and Procedure

R v SH (2010)

PUBLISHED August 3, 2010

[2010] EWCA Crim 1931

Repeated angry references to a Nigerian national as a "monkey" generated a prima facie case of an outward manifestation of racial hostility under the Crime and Disorder Act 1998 s.28(1)(a), and a judge had erred in finding that there was no case to answer, in charges brought under s.31(1)(a) of the 1998 Act, on the basis that the jury could not say that the references were only motivated by race.

CA (Crim Div) (Leveson LJ, Holroyde J, Spencer J)