Sentencing Amendment (Aggravating factors) Bill tabled in parliament

The Sentencing Amendment (Aggravating Factors) Bill has been tabled in Parliament.

The Tasmanian Government is amending the Sentencing Act 1997 (the Act) to ensure sentencing takes into account hateful, prejudicial, or targeted offending as aggravating factors.

Attorney-General Guy Barnett said recommendations made by the Sentencing Advisory Council and feedback received through the public consultation process have played an important role in shaping the amendments.

“Our Government wants Tasmania to continue to be a safe and inclusive place where people are secure, valued, and supported,” the Attorney said.

“There is no place in our modern society for any type of crime, let alone crimes motivated by prejudice, bias or hate.

"Every Tasmanian has the right to feel safe, to be safe and to work safely in our community.”

The proposed legislation seeks to improve the Act by:

• broadening the scope of section 11B so that it applies as a sentence aggravation factor in cases of prejudicial or hateful motivation based on other attributes in addition to race; including religion, gender and age.
• inserting a new section 11BA to provide that a court must take into account whether an offender selected the victim due to vulnerability or personal circumstances of the victim; and
• inserting illustrative, non-exhaustive lists of groups or attributes which are to be captured by the broadened scope of section 11B and the new section 11BA.

“We will always act in the best interests of Tasmanians and ensure our community remains safe,” the Attorney said.

“I would like to thank all those who provided a submission on the draft Bill. In particular I want to acknowledge the Sentencing Advisory Council for their work in this area, as well as the Tasmanian Prejudice Related Violence Working Group, the Multicultural Council of Tasmania and Equality Tasmania their support and input on this important reform.”