Yes, I would agree that a judge will most definitely take that into account. I suppose what I was getting at before was that I think the inclusion of this language is symbolic, in that it would be an expression of Parliament that these acts are particularly worthy of condemnation. I certainly wouldn't disagree with that. However, I would wholeheartedly agree that judges already do take these factors into account.
On March 29th, 2012. See this statement in context.