[Danny]

Point 1:

Someone beating up a Black Person is not a Hate Crime.
Someone beating up a White Person is not a Hate Crime.
Someone beating up a Black Person because he is black IS a Hate Crime.
Someone beating up a White Person because he is white is a Hate Crime.

Point 2:

Of course the Motive should affect the Sentence:

If someone kills a person because (to use Syd's example) they slept with his wife, then the killer is not likely to reoffend, since it isn't particularly likely that someone else will then sleep with his wife again. Therefore, the Sentence does not need to be expecially long, as there is no real need for Rehabilitation.

If, on the other hand, someone kills a person because they are Black, then the killer is VERY likely to reoffend, as people go around Being Black all the time. Therefore, the Sentence must be very long, until the person is rehabilitated and unlikely to reoffend.

Do you understand now?