589. Disability or sexual orientation as an aggravating factor.

Where the court1 is considering the seriousness of an offence in circumstances where:

  1.  

    (1)     at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on the sexual orientation (or presumed sexual orientation) of the victim2, a disability3 (or presumed disability) of the victim4, or the victim being (or being presumed to be) transgender5; or

  2.  

    (2)     the offence was motivated (wholly or partly) by hostility towards persons who are of a particular sexual orientation