Dr. Jennifer Schweppe:

We did talk about this previously. In England and Wales, they use what is called the demonstration model. Dr. Taylor will know whether that is the first or second limb of the test. The legislation provides that where an offence is motivated by hatred, hostility or where hatred or hostility is demonstrated during the course of the offence, it becomes a racially aggravated offence.

I am not aware of the example of the particular slur to which Senator Ward referred and I am not aware of that case. Certainly, there are those examples that Professor Haynes discussed where offenders will use a racist slur during the course of offence that had nothing to do with the protected characteristic identity of the individual. However, they use that slur as a tool during the course of the offence. I share the concerns of the Senator as to whether that low threshold would be appropriate. Thankfully, I think it is not present in the general scheme of the Bill.