11BCertain aggravating circumstances to be taken into account when sentencing offenders

### 11B Certain aggravating circumstances to be taken into account when sentencing offenders > [*\[Section 11B Inserted by No. 1 of 2017, s. 4, Applied:31 Mar 2017\]*](/view/html/inforce/2017-03-31/act-2017-001#GS4@EN) [*\[Section 11B Substituted by No. 33 of 2025, s. 4, Applied:23 Dec 2025\]*](/view/html/inforce/2025-12-23/act-2025-033#GS4@EN) > > > (1)  In determining the appropriate sentence for an offender, the court is to take into account, as an aggravating circumstance in relation to the offence, whether the offender was motivated to commit the offence, in whole or in part – > > > > > > (a) as a result of hatred for, or prejudice against, any victim of the offence, due to that victim having a relevant attribute; or > > > > > > > (b) as a result of – > > > > > > > > > > (i) hatred for, or prejudice against, a person or group of persons due to that person or group having a relevant attribute; and > > > > > > > > > > > (ii) the offender believing, at the relevant time, that a victim of the offence had the relevant attribute or was associated with the person or group referred to in [subparagraph (i)](#GS11B@Gs1@Hpb@Hqi@EN) . > > > (2)  For the purposes of this section, a person is taken to be motivated to commit an offence as a result of hatred for, or prejudice against, a person or group due to a relevant attribute if, at the time of committing the offence or immediately before or immediately after committing the offence, the person demonstrated, or expressed, hostility, malice or ill-will in respect of that attribute. > > > (3)  For the purposes of this section, a relevant attribute of a person or group may include, but is not limited to, one or more of the following attributes or characteristics: > > > > > > (a) the race, ethnicity or nationality of the person or one or more group members; > > > > > > > (b) the age of the person or one or more group members; > > > > > > > (c) the religious belief or affiliation of the person or one or more group members; > > > > > > > (d) the language used to communicate by the person or one or more group members; > > > > > > > (e) the gender, or gender identity, of the person or one or more group members; > > > > > > > (f) the sexual orientation of the person or one or more group members; > > > > > > > (g) the sex characteristics of the person or one or more group members; > > > > > > > (h) a disability of the person or one or more group members including, but not limited to, physical, mental, cognitive, intellectual or sensory impairments, whether temporary or long-term; > > > > > > > (i) any other prescribed attribute, or prescribed characteristic, of the person or one or more group members. > > > (4)  This section does not apply in relation to an offence that was committed before the day on which this section commences.