Other Criminal Offences – VIC

Welcome to the VIC Offence of serious racial vilification article page. Everything you need to know about Offence of serious racial vilification according to VIC law.

What the Law States according to VIC Law for Offence of serious racial vilification

According to VIC Law for the charge of Offence of serious racial vilification,

Racial and Religious Tolerance Act 2001 – SECT 24
PART 4 SERIOUS VILIFICATION OFFENCES

24. Offence of serious racial vilification

(1) A person (the offender) must not, on the ground of the race of another person or class of persons, intentionally engage in conduct that the offender knows is likely-

(a) to incite hatred against that other person or class of persons; and

(b) to threaten, or incite others to threaten, physical harm towards that other person or class of persons or the property of that other person or class of persons.

Note Engage in conduct includes use of the internet or e-mail to publish or transmit statements or other material.

(2) A person (the offender) must not, on the ground of the race of another person or class of persons, intentionally engage in conduct that the offender
knows is likely to incite serious contempt for, or revulsion or severe ridicule of, that other person or class of persons.

Note Engage in conduct includes use of the internet or e-mail to publish or ransmit statements or other material. (3) For the purposes of subsections (1) and (2), conduct-

(a) may be constituted by a single occasion or by a number of occasions over a period of time; and

(b) may occur in or outside Victoria.

The Maximum Penalty – Offence of serious racial vilification

According to VIC Law for the charge of Offence of serious racial vilification:

In the case of a person: 60 penalty units or 6 months imprisonment
In the case of a corporation: 300 penalty units

What the Police must prove according to VIC Law for Offence of serious racial vilification

1. A person intentionally engages in conduct towards another person.

2. The conduct is on the grounds of the other person’s race.

3. The person knows that that conduct is likely to incite hatred and threaten or incite others to threaten physical harm towards, or knows the conduct is likely to incite serious contempt for, revulsion, or severe sidicule of the person or class or persons.

Possible Defences under VIC Law – Offence of serious racial vilification

(1) Factual dispute
(2) Lack of intent
(3) Identification dispute

In VIC which court will hear the matter – Offence of serious racial vilification

Magistrates’ Court

 

Date: 09/01/2009