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.

Citations

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