When somebody uses a racist term against another person, it’s usually pretty obvious. Taking that one step further, when somebody commits a crime against another person and specifically mentions their race during the attack, their motivation is pretty obvious too.
Well, unless you’re a Victorian judge.
Apparently calling someone an ‘Indian dog‘ and telling them to ‘shut up you Indian motherfucker, shut up‘, whilst you brutally beat them unconscious, is insufficient enough information to ascertain whether or not you dislike Indians.
…maybe the attacker just really likes dogs?
Durign the height of ‘Delhibelly’, otherwise known as Melbourne’s western suburbs war against Indian students, Shayne Comensoli and a mate decided to set upon Lucky Singh whilst he used a phonebooth in Sunshine.
During the attack, as quoted above, multiple references to Lucky Singh’s race were made. After receiving 15-20 blows to the head and face Singh was knocked out and then Comensoli and mate decided to rob him too.
Now to me this is a pretty open and shut case. 2 mates go looking for easy target, see Indian in phone booth and set upon him. If it wasn’t for the comments made by Comensoli that specifically single out Singh’s race, then I too could write it off as just another day in the life of Melbourne’s western suburbs.
But the comments were made and they do single out Singh’s race. This attack happened at a time when Indians were being singled out for attack in Melbourne’s west by gangs of crazies and it’s a no-brainer to see that this attack was part of it.
In his defense, Comensoli played the ‘I hate gay people, but I’m not homophobic… I have lots of gay friends!’ card. He stated that he
felt ashamed about his racist comments because he played cricket with a number of men from Sri Lanka and India.
For his effort in inflicting severe swelling and bruising, fracturing Singh’s cheekbone and nose requiring reconstructive surgery and leaving him suffering from ‘nightmares‘ and being ‘afraid to go out at night or use public transport‘, Comensoli was sentenced to be detained in a youth justice centre for three years.
Despite the judge’s order though, anyone sentenced to be detained in a youth justice centre is eligible to be released from the day of their sentencing. So naturally expect to see Comensoli out and about in a few months if that.
Oh and just to further stretch the eligiblity of being classified as a ‘youth‘, Comensoli is twenty years old.
So just to recap, random western suburbs guy goes and bashes the crap out of an Indian man, makes several racist comments during the attack, is spared being found guilty of a hate crime and at twenty years of age is sentenced to a youth justice centre, from which he can be released on any day from being sent there.
Marvellous.
So what exactly do you have to do to be convicted of a race hate crime in Australia?