The Murder of Toyosi Shittabey and Racial Tension in Dublin

Some weeks ago (on Good Friday, in fact) a 15-year old boy was killed in Tyrellstown, Co Dublin. Toyoshi Shittabey was walking home from the swimming pool when, it is reported, he and a friend were subjected to a racist verbal assault. It has been reported that while Shittabey and his friend walked away from the scene, the assailants went to a house, acquired a knife, followed the youngsters to their car, and stabbed Shittabey in the heart. The Gardaí have charged one young man with manslaughter. Although there has been a huge public outpouring of grief and solidarity with the family of Toyoshi Shittabey and with the Nigerian community in Tyrellstown in the wake of the stabbing, this murder exposes potentially deep racial fault-lines in Irish society and poses difficult but important challenges for the Gardaí. It also poses difficult questions for the criminal law in this jurisdiction.

The Gardaí’s investigation has not officially ended, and it is possible that the final charge will in fact be murder and not manslaughter, but the investigation of this crime takes place within a palpable atmosphere of racial tension and poses challenges that one hopes the Gardaí will be able to face. Should it come to that point, the sentencing process will also be challenging for the court. If it is established in the course of the trial (whether that is a trial for manslaughter or for murder) that this homicide was racially motivated, ought that to be taken in to account in the sentencing decision? We previously discussed the lack of hate crimes legislation in Ireland here, and this may well be a case that helps us to gauge how well our criminal justice system can calculate prejudice in sentencing without specific law in this relation. However, the killing of Toyoshi Shittabey is not only a challenge for the Gardaí and the Courts; it is a challenge for Irish society in and beyond Tyrellstown.

Combating Hate Crimes Perpetrated Against LGBT Persons and Persons with Disabilities

The Commencement Order for the Offences (Aggravation by Prejudice) (Scotland) Act 2009 was issued last week bringing the Act into force.  The legislation creates new statutory offences that protect victims who are attacked on the basis of their disability, sexual orientation or transgender identity in Scotland.   Specifically section 1 of the Act makes provision for offences aggravated by prejudice relating to disability (or presumed disability).  Section 2 of the Act makes provision for offences aggravated by prejudice relating to sexual orientation (or presumed sexual orientation) or transgender (or presumed transgender) identity.  Under the Act where it is proven that an offence was motivated by malice or ill will towards a victim on the basis of their identity the court is required to take that motivation into consideration when determining the sentence to be imposed.   This legislation builds upon Scottish law on hate crimes carried out on the basis of race and religion or belief under the Crime and Disorder Act 1998 and the Criminal Justice (Scotland) Act 2003.  Similar legislation is in force in England and Wales.