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A woman has been convicted in the Supreme Court for making hateful comments against a young man of African descent.
“Go home where you come from, you fucking foreigner”, was one of the words the woman in her 50s said one summer afternoon last year.
Legal disagreement
The woman in her 50s queued at a fast food restaurant in Elverum. She ended up in oral surgery with an 18-year-old boy, and is now condemned for the derogatory words that occurred to her.
In the District Court, the woman was sentenced, among other things, for saying “people like you can go home to Africa”, “how can you eat when people in Africa are starving?” and “don’t you care about the people of Africa?”
When the police arrived at the scene, the woman is said to have also kicked a police officer in the leg.
The woman was sentenced to 36 days in prison by the District Court, but appealed the sentence. The Court of Appeal disagreed with the verdict and acquitted the woman.
Thus, the prosecution appealed the case to the Supreme Court.
It becomes a guide for similar cases
The Supreme Court has confirmed the verdict of the District Court, where 12 of the days are conditional and 24 unconditional, that is, prison.
The Supreme Court concluded that his statements are affected by Penal Code § 185 on hate speech.
The verdict establishes, among other things, that the statements can be perceived as a serious violation and underestimation of the human dignity of the victim, with reference to the skin color and ethnic origin of the child.
When evaluating criminality, it was emphasized that protection against discrimination against vulnerable individuals and groups implied that the threshold of criminal responsibility of article 185 of the Penal Code had been violated.
WON: Prosecutor Magnus Schartum Hansen wanted clarification in principle and got it.
Photograph: Anne-Kari Løberg / NRK
This is the first time that the Supreme Court has heard of a case of this type and, therefore, the verdict is in principle. This means that the result will set a precedent and be a guide for similar cases.
– Surprised
– It is the mandate of the Supreme Court to establish the principle. We at the prosecution saw the need in this case all the time for the Court of Appeal not to conclude that the statements could be sanctioned under the law, says prosecutor Magnus Schartum Hansen.
LOST: Steinar Thomassen represents the woman, who has now been convicted of hate speech.
Photo: Mette Finborud Børresen
Steinar Thomassen defended the woman in the Supreme Court. He is surprised by the verdict.
– Yes, I must say that I am surprised that the Supreme Court marks the limit for a statement of hatred. In keeping with past practice, including that of the Supreme Court, I think this statement was clearly left out.
The case is finally solved anyway.
– The Supreme Court has decided the case, so we have nothing else to do but take note of the verdict, says Thomassen.
