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England and Wales Court of Appeal (Criminal Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Connolly v R. [2025] EWCA Crim 657 (20 May 2025) URL: https://www.bailii.org/ew/cases/EWCA/Crim/2025/657.html Cite as: [2025] EWCA Crim 657 |
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ON APPEAL FROM THE CROWN COURT AT BIRMINGHAM
The Recorder of Birmingham, HH Judge Inman KC
34NA0759424
Strand, London, WC2A 2LL |
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B e f o r e :
OF THE COURT OF APPEAL, CRIMINAL DIVISION
MR JUSTICE GOSS
and
MR JUSTICE SHELDON
____________________
LUCY CONNOLLY |
Applicant |
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- and - |
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THE KING |
Respondent |
____________________
Naeem Valli (instructed by Crown Prosecution Service) for the Respondent
Hearing dates: 15 May 2025
____________________
Crown Copyright ©
Lord Justice Holroyde:
Summary of the facts:
"Mass deportation now. Set fire to all the fucking hotels full of the bastards for all I care. While you're at it, take the treacherous government and politicians with them. I feel physically sick knowing what these families will now have to endure. If that makes me racist, so be it."
"Somalian, I guess. Loads of them"
That message was followed by a vomiting emoji.
"Oh good. I take it they will all be in line to sign up to house an illegal boat invader then. Oh sorry, refugee. Maybe sign a waiver to say they don't mind if it's one of their family that gets attacked, butchered, raped etc, by unvetted criminals. Not all heroes wear capes."
"The raging tweet about burning down hotels has bit me on the arse lol."
The criminal proceedings:
"19 Publishing or distributing written material
(1) A person who publishes or distributes written material which is threatening, abusive or insulting is guilty of an offence if –
(a) he intends thereby to stir up racial hatred, or
(b) having regard to all the circumstances racial hatred is likely to be stirred up thereby.
…
(3) References in this Part to the publication or distribution of written material are to its publication or distribution to the public or a section of the public."
The sentencing hearing:
"There is no doubt that false information shared on the social media platform on 29 July led to the widespread disorder and stirred up racial hatred. The relevant chronology of the disorder is as follows. On 30 July, there was disorder in Southport. On 31 July, there was disorder in Manchester, Hartlepool, Aldershot and London. On 2 August, there was disorder in Sunderland and Liverpool. On 3 August, there was disorder in multiple locations, including Belfast, Nottingham and Hull. On 4 August, a hotel housing asylum seekers was attacked in Rotherham during the day. There was also on that date disorder in Middlesbrough and other cities. On 5 August, there was disorder in Birmingham, Belfast, Plymouth and Darlington. On 6 August, there was disorder in Belfast."
"We also submit that the messages on 31 July also show that whatever Ms Connolly's intent -- and again I hasten to add, we have not submitted a basis of plea -- was on posting the offending post, that intention was short lived and she did not expect or intend the significant violence to follow in that she very quickly tried to quell it."
"… namely, the timing of the publication, when there was obviously a particularly sensitive social climate. It would be difficult to think of a more sensitive such time than during the evening 29 July this year."
A significant increase above the starting point was therefore required.
"You have had tragedy in your own life with the loss of your very young child some years ago. I have read the psychiatric report from some 12 years ago as to the psychiatric difficulties you then suffered. I accept that you still very keenly feel that loss. There is no recent psychiatric evidence, and, whilst you may well have understood the grief of those who suffered their own tragic losses in Southwark, you did not send a message of understanding and comfort, but rather an incitement to hatred. There is no evidence of any mental disorder having any material effect on you committing this offence. Similarly, while I accept you regret your actions and their effect upon you, and I have been referred to messages in which you say that you disagreed with racism and violence, it is clear from the evidence of your own words in the days following your actions, what you said to the police, and what you said to the probation officer that you have little insight into, or acceptance of, your actions."
The grounds of appeal:
The oral evidence to this court:
"I Lucy Connolly [date of birth given] confirm that I do not wish to enter a basis of plea and I understand that this means I am conceding that at the point I published the tweet I intended to incite as per the category 1 feature. I do this as I do not believe I will be successful at a Newton hearing and I do not want to risk my credit. This is my decision under no pressure from anyone else. I know therefore that this would be a category 1A offence with a starting point of 3 years' imprisonment."
The submissions to this court:
Analysis:
Conclusion: