Statement directed at 16-year-old was punishable

A man had shouted to a 16-year-old girl of Somali origin that she should "go back to Somalia where you will be better off because there's no NAV there for you". The Supreme Court found that the statement was clearly offensive, tasteless and insulting, but that it would not have been covered by section 185 of the Penal Code on hate speech if it had been made towards an adult. A majority of three justices found, however, that the statement was punishable because it was made towards a child, although it was a borderline example of a criminal statement. As the Court of Appeal had given an inadequate description of the defendant's intent, see section 22 subsection 1 (c), the Court of Appeal's judgment was set aside. The setting aside also included the District Court's judgment and main hearing. The Supreme Court's minority of two justices found that the statement was not covered by section 185 of the Penal Code. Dissenting opinions 3-2.

Read the whole judgment (Norwegian only)

Area of law: Criminal law. Section 185 of the Penal Code. 

Key paragraphs: 21, 27, 28, 30

Justices: Webster, Normann, Falch, Østensen Berglund, Thyness