ABSTRACT
Punishment has a point to it. Punishment is deserved by those who break obligatory norms of conduct...l
These words of William Wilson relate to a criminal's liability for being found guilty of committing a criminal offence. In this chapter I will examine the possibility of the law further penalising a criminal, because in breaking the rules2 of society his/her conduct displays inconsistency with the obligatory norm concerning racism. In other words, I will consider whether it is appropriate that a person should be given a longer sentence for his crime because of the racism associated with the offence. In order to consider this issue I will first explain the general rule that motive does not normally affect liability, going on to consider its relevance in relation to sentencing. This will lead to my examination of the government's proposals to introduce some new additional offences that will tackle any racial motivation/hostility while a crime is being committed. I will also consider if the government could and should have taken a different approach, based upon ignoring motive and applying a race discrimination - 'but for the race of the victim' - approach.
