Why doesn't it make sense? I believe emotions do play a role in the courts. A criminal doesn't get punished for nothing, they get punished _so they don't commit the same crime again_.
Judges take emotions into account to determine how likely the criminal is to repeat the offence. Was this a one-off incident, or are you ready to start assaulting disabled people again the moment you get out of jail.
You mean intent? Planning? Having pictures of disabled people with darts on them? Or do you mean dismissive emotions like racism? Bigotry is passive, behavior is active. Courts judge your intent to repeatedly break the law, not your whims and biases.
