In DPP v McFarlane (2002) EWHC 485, Rose LJ found that once the "basic" offence was proved (in this case a public order offence) and that racist language was used that was hostile or threatening to the victim, it made no difference that the defendant may have had an additional reason for using the language. The test under section 28(1)(a) was satisfied.
In DPP v Woods (2002) EWHC 85, the defendant used racially abusive language to a doorman at a nightclub when expressing anger and frustration over being refused admission. It was held, as in McFarlane, that the fact that the primary reason for the offence was other than a racist motivation, the use of racist abuse during the commission of the basic offence made out the test for racial aggravation in section 28(1)(a). The point was made that, ordinarily, the use of racially (or religiously) insulting remarks would, in the normal course of events, be enough to establish a demonstration of hostility.