Commentary on Sections Part 12 - Sentencing Chapter 1: General provisions about sentencing Section 146: Increase in sentences for aggravation related to disability or sexual orientation
449.This is a new provision, which is based upon the preceding section, and provides that the seriousness of an offence (and thus the severity of the resulting sentence) should be increased if the offender demonstrates hostility based on the victim's sexual orientation or disability or if the offence was motivated by hostility by reason of a person's sexual orientation or disability. The court must state in open court if the offence is aggravated for these reasons.