SD v Shwiftula 2020 Crim 6
SD v Shwiftula 2020 Crim 6
| Date of judgment | 25th July 2020 |
|---|---|
| Judge | Chief Justice Mobilfan |
| Charges | 1 charge of Hate Speech (Article 72b) |
| Verdict | Guilty of 1 charge of Hate Speech |
| Sentence | 3 day mute |
| Applicable persuasive precedent | It is irrelevant whether D’s hate speech upset V or not, 4 It is irrelevant whether D’s hate speech corresponds with V’s actual identity or not, 6 |
CW: Slurs
JUDGMENT by Chief Justice Mobilfan
[1]. The court established, that the defendant posted "You're a special kind of trashy faggot" in response to a reddit post of @Panzzrr #KelvinismyDS.
[2]. The court acknowledges that the definition of hate speech is any upsetting, demeaning, or humiliating speech about someone’s race, religion, disabilty, gender, sex or sexuality.
[3]. The court finds, that the word "faggot" is generally used to refer to non-heterosexual people in a demeaning manner.
[4]. The court finds, that the defendant has made the comment in order to upset @Panzzrr #KelvinismyDS. It is irrelevant, if he succeeded or not.
[5]. The court concludes, that the comment in question is made to be upsetting and demeaning.
[6]. The court concludes, that the defendant has used "faggot" as a reference to @Panzzrr #KelvinismyDS's sexuality. It is irrelevant, if they had good reason to believe, that @Panzzrr #KelvinismyDS was not heterosexual.
[7]. The court finds the defendant to be guilty of the accusations.
[8]. The court finds, that the recommended punishment of 11 months is way out of proportion.
[9]. The court sentences the defendant to a 3 day mute.
