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Sentencing for 'Hate Crimes' Advice Given to Attorney-General
The Sentencing Advisory Council has today released advice provided to the Attorney-General on the issue of sentencing for offences motivated by hatred or prejudice.
On 2 June 2009, the Deputy Premier and Attorney-General Rob Hulls announced that “The Brumby Labor Government will amend the Sentencing Act to require judges to take into account hatred for or prejudice against a particular group as an aggravating factor when sentencing.”
At this time, the Attorney-General asked the Sentencing Advisory Council for advice on the best way to amend the Sentencing Act.
In making his announcement, Mr Hulls said the Government had been looking at the issue for some time in light of sex offences and violence based on hatred of a person’s race, gender, religion or sexual orientation.
Mr Hulls said the Government had already consulted widely with the community, including with the Jewish Community Council of Victoria, the State Zionist Council, gay and lesbian groups, the Victorian Equal Opportunity and Human Rights Commission, the Federation of Indian Students Australia and Menachem Vorchheimer, who was the victim of an anti-Semitic attack by footballers.
In the advice released today, the Sentencing Advisory Council has considered similar provisions in other national and international jurisdictions.
A copy of the advice is available on this website.