Sept 15 2009 - Sentencing Act to Recognise Impact of Hate Crimes

Media release

From the Deputy Premier and Attorney-General

Victoria’s sentencing laws will be amended to explicitly recognise the significant damage that crimes motivated by hate cause victims and the wider community, Deputy Premier and Attorney-General Rob Hulls said today.

The Sentencing Amendment Bill 2009, to be introduced to Parliament today, implements fully the Sentencing Advisory Council’s recommendations on crimes motivated by hatred or prejudice.

“The Brumby Labor Government is taking action to ensure all Victorians feel safe in their community,” Mr Hulls said.

“In June, I asked the Council for urgent advice on tackling crimes motivated by hatred or prejudice.

“The Sentencing Act 1991 will now explicitly list hatred and prejudice of people who share common characteristics as a factor that must be taken into account by a judge when sentencing.

“This means that where the motivation for a crime was hatred or prejudice, or victims are targeted by offenders because of the offender's prejudice, or their conduct indicated that prejudice was the motivation, the courts will specifically take that into account when sentencing.”

Mr Hulls said crimes motivated by a victim’s race, gender, religion, sexual orientation, age, disability, ethnicity or language were especially abhorrent and damaging.

“The trauma is far-reaching, affecting not only victims and their families, but all members of that group,” he said.

“In a multicultural society, which celebrates diversity and encourages all groups to live together in harmony and with equality, hate crime undermines the fundamental values of the community.

“That is why our Government is providing leadership to build respect in our society.

“These changes address community concern about racial and other motivations in offending by providing explicit legislative recognition.

“Our courts must have regard to whether offences are motivated by hate for or prejudice against a particular group of people with common characteristics.

“This will send a clear message that attacks against any Victorian based on these factors cannot and will not be tolerated.”