SD v Shun 2025 Crim 1

SD v Shun 2025 Crim 1

Date of judgment	7th January 2025
Judge	Chief Justice halfcat
Charges	1 charge of First Degree Hate Speech
Verdict	Guilty
Sentence	Permanent Ban
Applicable persuasive precedent

Charge

[1]. The defendant is being charged with 1 count of First Degree Hate Speech for using a slur, the prosecution recommending a sentence of a ban, no longer than seven (7) months.

[2]. The defendant has pleaded guilty to the charge and motioned to enter mitigation, requesting clemency. The motion was accepted.

Mitigation

[3]. The prosecution, in explaining the reasoning behind their recommended sentence, gave three arguments. (1) the usage of slurs carries significant implications regarding compliance with Discord’s Terms of Service, (2) the maximum punishment for Second Degree Hate Speech carries a maximum sentence of six months, and (3) the defendant has shown no tangible remorse for their actions by not “speedily cooperating” with the court proceedings.

[4]. The defense, on the other hand, emphasized that this was an isolated incident and that the defendant has acknowledged the seriousness of their actions and taken responsibility by pleading guilty. The defense recommended a sentence of two (2) months.

Determining the Length of the Sentence

[5]. The Criminal Code states the following when it comes to determining a sentence:

§1. The court shall rely on their best professional judgment to punish a criminal offense, within the bounds set by legislation; the punishment shall be fair and proportional to the offense committed.

§2. While determining the sentence, the court should consider the severity of the offense, the social harm caused, the damage caused to the victim (if applicable), the motivations of the offender, and the intent with which the offender has committed the offense, and any defenses invoked.”

[6]. The Court finds the severity of the offense, when considering a single charge of First Degree Hate Speech, to certainly be severe. The defendant used a slur, targeted it towards a person of which it meant to demean and humiliate, certainly caused damage to the victim and social harm more generally, with no valid motivation and an intent which can not be surmised as anything less than to cause harm.

[7]. The Court finds argument (1) raised by the prosecution regarding Terms of Service compliance to be persuasive, as well as (2) concerning the difference between Hate Speech in the first and second degree. To clarify, the difference between the two is that for Hate Speech in the second degree the accused must “submit, post, or relay speech that is upsetting, demeaning, or humiliating about a person’s or a group of person’s protected characteristics”, while for first degree they must additionally have the intention to “cause apprehension, or acted with reckless disregard as to whether their actions would cause apprehension.”

[8]. The Court finds that not only did the defendant have the intention to cause apprehension, but to cause harm. Now, the defendant has already plead guilty so this is not to establish their guilt, but will serve as guidance for establishing the sentence as mentioned earlier.

[9]. Continuing with the prosecution’s argument, it follows that if the maximum punishment for Hate Speech in the second degree is a (6) month ban, then the punishment for Hate Speech in the first degree should exceed it. In this case, the Court certainly agrees (there may be other cases where it doesn’t apply) and seeing as the defendant not only meets the definition of Hate Speech in the first degree, but far exceeds it, the punishment should naturally reflect this reality.

[10]. Finally, the Court will not rule definitively on the remorse question and does not find it relevant in this matter.

[11]. Taking all of this into account and acknowledging the need of SimDemocracy to stay in compliance with the Terms of Service of the platforms it operates on, the Court finds that it cannot give out any punishment other than a permanent ban from SimDemocracy. Hateful conduct has no place in our community, as has been established by law and precedent.

Verdict

[12]. The Court finds the defendant, shun, guilty of 1 charge of First Degree Hate Speech and sentences them to a permanent ban from SimDemocracy.

[13]. This sentence shall take effect immediately.