Lucy Connolly you have pleaded guilty to the offence of distributing
material with the intention of stirring up racial hatred.
- Sadly this is one of a number of cases that this court has had to deal with
arising from civil unrest following the very tragic events in Southport on
the 29th July 2024.
- As everyone is aware some people used that tragedy as an opportunity to
sow division and hatred, often using social media , leading to a number of
towns and cities being disfigured by mindless and racist violence,
intimidation and damage which has been summarised by the prosecution
today.
- It is strength of our society that it is both diverse and inclusive. There is
always a very small minority of people who will seek an excuse to use
violence and disorder causing injury, damage, loss and fear to wholly
innocent members of the public and sentences for those who incite racial
hatred and disharmony in our society are intended to both punish and
deter .
- At 8.30pm on the 29th July of this year you used the social media
platform, then known as Twitter, to publish the following:
“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”
- When you published those words you were well aware of how volatile the
situation was. As everyone is aware, that volatility led to serious disorder
in a number of areas of the country where mindless violence was used tocause injury and damage to wholly innocent members of the public and to
their properties.
- Your message was widely read – it was viewed 310,000 times with 940
reposts, 58 quotes and 113 bookmarks.
- By the time you were arrested on the 6th August of this year you had
deleted the account. From enquiries made by that police they were able to
establish that the individual tweet the subject of this offence remined
available for at least three and a half hours.
- The police were however able to trace other tweets that you had sent both
before and after the 29th July which included further racist remarks. On
the 5th August, the day before you were arrested you sent a WhatsApp
message which included “..
raging tweet about burning down hotels has
bit me on the arse lol “ which is commonly understood to mean laugh out
loud.
10. You also messaged that if enquiries of you were made, you would deny
you were responsible for the message and if you were arrested you would
“ play the mental health card “.
11. I have to apply the Sentencing Council Guidelines for this offence.
12. In relation to your culpability this is clearly a category A case – as both
prosecution and your counsel agree, because you intended to incite
serious violence.
13. In relation to harm it is again agreed, correctly, that what you did
encouraged activity which threatened or endangered life and therefore
falls within category 1. There is also further relevant factor in relation to
harm in that you sought, and achieved, widespread dissemination of your
statement by posting it on social media.
14. The starting point after a trial is therefore one of 3 years imprisonment.
15. There is a further significant aggravating factor 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 of the 29th July of this year.
16. All of those factors would require a significant increase in the sentence
beyond the starting point.
17. As to mitigation. You are now 41 years of age. It is clearly a mitigating
factor that you have no previous convictions. I have also read the
character references on your behalf from those who know you. They
speak of a caring person including those for whom you acted as a child
minder for their children. You have a good family and a young daughter
who is undoubtedly missing you terribly. I also take into account that this
will be the first time you have been in prison and present circumstances.18. In relation to the offence I have regard to the fact that although it was
widely read, you did not repeat any such statement and in due course
deleted it and you sent some messages to the effect that violence was not
the answer.
19. 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 twelve
years ago as to the psychiatric difficulties you then suffered.
20. I accept that you still very keenly feel that loss.
21. There is no recent psychiatric evidence and whilst you may well have
understood the grief of those who suffered their own tragic losses in
Southport 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 affect on you committing this offence.
22. Similarly whilst I accept you regret your actions and I have been referred
to messages in which you say that you disagree 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.
23. I have to balance all of those factors.
24. The minimum sentence after a trial would have been three and a half
years imprisonment.
25. You pleaded guilty at the Plea and Case Management hearing and you
are therefore entitled to a reduction in that sentence of twenty five
percent.
26. The sentence on count 1 therefore is one of 31 months imprisonment.
You will serve forty percent of that sentence. When you are released you
will remain on license for the balance of the sentence and if you fail to
accord with the terms of the license or commit any further offence you
can be returned to serve the balance of the sentence.
27.I make a deprivation order in relation to the digital device seized.