SD v f3rri5 2025 Crim 30
SD v f3rri5_ [2025] Crim 30
| Date of judgment | 1st April 2025 |
| Judge | Judge Heinrich |
| Charges | 1 charge of Abuse of Permissions (Article 30 of the Criminal Code) |
| Verdict | Guilty of 1 charge of Abuse of Permissions |
| Sentence | 12 hour mute |
| Applicable persuasive precedent |
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JUDGMENT by Judge Heinrich
This matter has been repealed, voided, or is otherwise out of date
Judgment vacated by F3rri5_ (Appellant) v SD (Respondent) [2026] SDCR 22.
Reasoning
[1] Whereas jest is not a suitable defence for committing a crime,
[2] Whereas the plaintiff was explicitly warned about the consequences of its actions,
[3] Whereas the plaintiff undertook said actions with full knowledge of expected legal consequences,
[4] Whereas the plaintiff acted in bad faith as evidenced by subsequent messages,
[5] Whereas the desired punishment is not obviously excessive in comparison to the social harm caused,
[6] Whereas the most convincing argument of the defence, that the two messages could have been sent as one, are irrelevant in the face of asking why the defence did not just do that,
[7] Whereas recklessness, while not equivalent to malice, is certainly an aggravating factor, and
[8] Whereas the undertaking of actions in bad faith with a follow-up meant to aggravate one person seems to fit the "malice" criterion,
Verdict
[9] I declare the defendant guilty of one count of violating Article 30, and sentence the defendant to a twelve-hour mute.
Postscript
[10] (Keeping court open until both parties have read this to confirm that I have not done anything incredibly stupid here, I am writing this from a bus.)
Citations
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