All these things and more can be effectively addressed by mehcanisms that have been in place for as long as we've had courts.

Each case is as unique as the people involved in it.

Based on the fact of each case, the prosecution may argue aggravating circumstances.

The defense may argue mitigating circumstances.

The sentence can reflect either one or both.

If it ain't broke, don't fix it.

"Hate Crime" legilsation smacks of feel-good political correctness trying to fix it until it is broken.