Hate speech convictions under 2018 law change overturned due to mistakes

NSW laws introduced in 2018 to criminalise hate speech have led to two convictions - but both are now set to be annulled after the prosecution was bungled.

NSW Police have been forced to overturn two convictions for hate speech under laws introduced into NSW in 2018 due to a bungle described by the Attorney-General as a “very unfortunate mistake”.

Mark Speakman has revealed there have been two convictions under section 93z of the Crimes Act, introduced in 2018, including an incident which “concerned hate speech on a bus of racist nature”.

However the convictions are now in the process of being annulled because of a mistake from Police prosecutors.

“Unfortunately, they were police prosecutions and did not obtain the consent of the Director of Public Prosecutions, which is a prerequisite to prosecution under (section) 93z,” Mr Speakman told a parliamentary hearing.

Attorney General Mark Speakman says the mistakes are unfortunate. Picture: NCA NewsWire / Damian Shaw

The amendment to the Crimes Act makes it an offence to publicly threaten or incite violence towards a person or group on the basis of race, religion, sexual orientation, gender identity, intersex or HIV/AIDS status.

“Police are in the process of having those convictions annulled,” Mr Speakman said.

He described the mistake as “very unfortunate”.

“We are all human, we all make mistakes,” he said.

“I imagine that the police will want to re-prosecute (and) seek the consent of the DPP”.

Following the revelations, Labor’s Attorney-General spokesman Paul Lynch criticised the government for not taking hate speech “seriously”.

He said after being “forced” to update the law to criminalise hate speech, the government “can’t use it properly”.

Mr Speakman said he had not spoken about the matter with the Police Minister as it “has only come to light in recent days”.

Neither of the convictions - which are being overturned - involved jail time.

Originally published as Hate speech convictions under 2018 law change overturned due to mistakes