Not exact matches
Ilesanmi was charged by police under Section 5 of the
Public Order Act for using threatening or abusive words or behaviour or disorderly behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress which was racially
aggravated.
In
order to determine whether the plea bargain is not contrary to
public interest, the court needs evidence of
aggravating and mitigating factors, such as how much the offender profited from the conspiracy, how it carried out the price fixing, whether it was the ring leader, and its size and market share.
This comes as little surprise, as
public order has long been an
aggravating factor for an offence which, committed in isolation, would have been treated more leniently.
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.