MC v CPS [2022] EWHC 1466 (Admin)
Tom Worden, instructed by the CPS Appeals and Review Unit, successfully resisted an appeal by way of case stated at the High Court of Justice, Queen’s Bench Division, Administrative Court.
The defendant appealed after Inner London Crown Court upheld his conviction for a racially aggravated public order offence.
At the High Court, the defendant’s counsel argued that there was no lawful basis on which the Crown Court could have found that the offence was racially aggravated within the meaning of section 28 of the Crime and Disorder Act 1998.
Following a comprehensive review of the authorities on the meaning of racial aggravation, Lord Justice Holroyde and Mr Justice Chamberlain agreed with Tom’s submissions and dismissed the appeal.