What should a fascist get as sanction for desecrating a mosque? This was an act by racists intended to provoke religious hostility. What should the punishment be then, in your view?
First of all, it should matter little or under some circumstances not at all, whether the criminals were fascists and/or racists. If a baseball bat crashes into a skull it matters little whether the one swinging was fascist or a human rights activist; at most some during the event present motive might have an effect and usually only of less sentence (e.g. honestly presuming self-defence); the political affiliation should often matter not in the slightest way.
Second, crimes directly against persons should usually get more punishment than those against property or even ideas. A stone of relevant size thrown from a rather short distance at someone "looking muslim" out of motive "hate for muslims" should usually get more punishment than throwing a bacon at a mosque out of motive "hate for muslims"; even in case the stone misses and the bacon hits; buildings can be cleaned, non-muslims can be informed to remove the bacon or whatever; but a stone on the head often produces damage doctors take quite some time to repair.
Third, that "to provoke religious hostility" should only be relevant for sentence, if the action was actually suitable for provoking any relevant religious hostility; e.g. if someone screams "He said Jehova" in situations in which such a charge might result in someone ending under a more than man sized rock, then severe punishment for an otherwise rather harmless or even legal action should be considered, especially if the problem materializes; but what riots could be expected from someone putting a bacon on a doorknob in the middle of the night? Such an action seems pretty unsuitable to provoking actual hostiliy (and i am talking about the relevant hostility resulting in dead bodies, not the "i feel offended" hostility).
What i lack now is the usual punishment for throwing rocks with relevant potential of harm at people and missing in GB; but i would be quite suprised if a 18-yer old first offender throwing rock and missing at a police officer would get 1 year in jail without probabation.
Hence, this term for a presumable first offender for the equivalent of throwing bacon at a mosque, is excessive.
I would consider a reasonable punishment something like 3 months probation with the requirement that for 1 month the offender is required to clean the toilets at the mosque (if the people from the mosque are fine with that); you make someone else property dirty, you got to clean it.
Dawkins not only said that the punishment was excessive; he also mocked the whole idea of such desecration of a place of worship by bigots as a crime at all. My previous source:
But dedicated atheist Dawkins failed to see the seriousness of the offence, after posting a series of messages, including: “who (apart from the pig) is damaged by bacon?” Dawkins first wrote: “How can you be jailed a year for nonviolently draping bacon on a door? Law contemptible gives standing to “offence”. [my bold]
The opinion that even drastic provocative religious offense should be just punished as equal actions without religious offense (meaning the punishment one usually gets for making a doorknob dirty in this case) is a position with some merit, because otherwise result might be religious sensibilities effectively determining what one is allowed to say; or in other words, the Pope in Rome would have the power to make actions in GB illegal, by declaring something sacred for caths, which then would no longer be allowed in GB as it would be offensive to caths there.
Hence, i understand why Dawkins has that position and i presume he would argue the same whether its about Islam or another religion.
I think in a very abstract sense he is correct, but unfortunately in reality the state has to some extent bow to the power of religion sometimes, so laws making "desecration" of a mosque or church "more" criminal than "desecrating" my house in exactly the same way are to some extent necessary.
Or if someone put a bacon at my doorknob against my wishes, should he/she go to jail for 9 months?