Hate Crime laws for Victoria

Background

In June 2009 Victoria's Attorney-General Rob Hulls announced that he planned to introduce hate crime laws that will require judges to consider 'hate' in deciding on a sentence if a crime is committed against a protected minority group - the proposed categories were race, religion, gender and sexual orientation! 

Whilst this was seen to be in response to recent attacks on Indian students, the inclusion of sexual orientation as a 'protected' category shows the real purpose of the legislation. Homosexual activists have long campaigned for such laws.
In fact they want much more. They want laws to prohibit free speech, to stop 'vilification' and so on. (See below)!

Thankfully this law does not propose 'hate speech laws'. However it is on the homosexuals' agenda...
Meanwhile this proposal is bad enough!

Hate Crime Bill introduced into Parliament
Mr Hulls introduced the Bill for 'hate crime laws' into the Victorian Parliament on 15 September 2009 and gave his second reading speech.
The Bill could be discussed as early as 13 October 2009 (the next sitting week).
Victorians - please contact your SIX MPs.

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About the proposed legislation

The Sentencing Amendment Bill 2009 will amend the Sentencing Act - it doesn't create any 'new' class of 'crime' but it requires the judge to consider the characteristics of the victim - or any group he/she may belong to - when sentencing the perpetrator.
The added clause is "whether the offence was motivated (wholly or partly) by hatred for or prejudice against a group of people with common characteristics with which the victim was associated or with which the offender believed the victim was associated".

However, even Mr Hulls acknowledged in his second reading speech that judges ALREADY consider these matters in deciding on a sentence.
He said the "Sentencing Act (Section 5-2) currently requires a court sentencing an offender to have regard to matters related to hate crimes, including: the nature and gravity of the offence; the offender's culpability; and the impact of the offence on victims."

Mr Hulls said this amendment just "reinforces the longstanding position that it is relevant for a sentencer to consider antisocial motivations of offenders." However he wants to have "explicit legislative recognition that sentencing courts must have regard to whether offences are motivated by hate for or prejudice against a particular group of people with common characteristics."

Opposing hate crime laws... our response

This Bill is a retrograde step - we need to treat ALL people equally - not favour some classes!

A crime is a crime is a crime.
All crime is wrong. All offenders should be punished.
If someone is assaulted or raped or murdered then the perpetrators should be punished.
The penalty should not be decided by referring to the status of the victim in this specific way.
Since judges can already take motive, the effect on the victim and a range of factors into consideration when deciding on sentences, this law is REDUNDANT!

The question is: Why do we need this law?
The answer? We DON'T need it!

The current law already covers this adequately - we don't need this law!

Homosexual activists want MORE!

The homosexual lobbyists have congratulated the government but note that this is a 'first step'! They want more...

Since the proposed change covers sentencing regarding crimes, it will not immediately restrict free speech - for instance speech about homosexuality.
HOWEVER homosexual activists want this covered as well.
Lyn Morgain, CEO of the ALSO Foundation, commended the government, saying "Leadership on this issue is vital to the continuing effort to reduce homophobic vilification, harassment and abuse."

However she added "There remains a long way to go and our community has been explicit in our expectation that further protection is required for affected groups; nonetheless, this demonstrates the government recognises there is a problem and is committed to helping to solve it." (emphasis added)

The Government's Plans - Mr Hulls' Media Releases

Mr Hulls' Media Release explaining the legislation:
SENTENCING ACT TO RECOGNISE IMPACT OF HATE CRIMES - 15 September 2009.

Mr Hulls' Media Release - 1 June 2009:
SENTENCING ACT TO TAKE INTO ACCOUNT HATE CRIMES

The Legislation

Mr Hulls introduced the Bill to introduce hate crime laws into the Victorian Parliament on 15 September 2009 and gave his second reading speech.
The Bill could be discussed as early as 1 October 2009.

Parliament page for the proposed Bill

The Bill: Sentencing Amendment Bill 2009

Explanatory Memorandum (the government's description of the proposed law)

Mr Hulls' Second Reading speech in Parliament: Speech

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ACTION

VICTORIANS - Please contact your MPs. You have ONE in the Legislative Assembly and FIVE in the Legislative Council.

Click here to find out who your MPs are and their contact details.

Please ask them not to support this 'hate crimes' law!

Media Articles:
Hulls plans hate crime crackdown, The Age , June 1, 2009.

Vic govt to move on hate crime
ABC, Tue Jun 2, 2009
"The Victorian Government is considering plans to toughen the way hate crimes are dealt with in the state..."

Homosexual media: Victoria targets gay hate crimes - MCV, 22 Sept, 2009.