VIC Does this count as attempted murder? or just a hate crime?

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14 December 2020
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recently a friend and i were involved in an incident where a man walked behind us into a car park and after my friend turned around and smiled at him the man yelled "im going to kill you, you f***ing poofta" and jumped in his car, mounted the sidewalk and sped towards us, he didn't hit either of us and sped off after a few seconds. I feel like he had the full intention of doing serious harm to us especially after what he said and did, we think the only reason he didn't follow through was because a truck was in the way of where he would have continued driving and would have blocked him in. however the police nor the store owners where it happened seem to be taking it too seriously making me think it's no point trying to get him charged with attempted murder or even just a hate crime. does anyone have any advice on this situation? what would this crime fall under? the store where it happened is also hesitating to give us the CCTV footage of the incident because they don't want their store's reputation to be effected, is this legal for them to be doing this?
 

dangargoyle

Well-Known Member
17 November 2020
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Seems like a case of 'Threaten, Stalk and Intimidate with an intention of causing fear or harm' based on what he said. However, since he did not hit you, I don't think that the issue of 'attempted murder' is valid. As per CCTV footage, the police can compel the store-owners to produce it. But I know that CCTV cameras do not record sound due to privacy legislation. If the case made it to court, you and your friend would have to prove that this person said those words. If the two of you give the same account as witnesses, then he will be found guilty. But then again, I'd like to ask a few questions? Why should this be considered hate crime? Are there clear racial, sexual, religious etc differences between you and the offender that would bring out the issue of hate? Similarly, are there any reasons why you believe the police are not taking action?