The Scott Johnson Case: Prosecuting anti-homosexual violence in New South Wales

Abstract

Much interest about the failure of New South Wales criminal justice in relation to anti-gay/anti-homosexual violence has centred on recent developments regarding the 1988 death of Scott Johnson, including the unexpected arrest and charging of an accused killer, Scott White. This article considers White’s 2022 conviction after a failed attempt to reverse a guilty plea, since successfully appealed, and judicial reflection on the nature of ‘hate’ as criminal motive under the Crimes (Sentencing Procedure) Act 1999 (NSW). The authors argue that while the likely new trial of White may alleviate community concern, the procedural history of the case indicates the emergence of troubling judicial discourse as to anti-homosexual violence, with mixed implications for the public understanding of victimisation in this and similar cases.