@RosieG -- You're welcome.
There was an extended discussion about this on Answerbag several years ago. As I recall, actual hate crime laws are written such that the INTENT of the perpetrator is the determing factor of whether a crime is a hate crime or not.
So if Joe shoots his Lower Elbonian neighbor and admits to the police, "I hate Lower Elbonians, so I shot him," Joe will likely be prosecuted for committing a hate crime.
In the absence of such a confession, however, one can only reasonably infer a hate crime was committed based upon the specific circumstances and nature of the crime.