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Australian judge rules 'N-word' not offensive

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The Overfiend:


    * Judge rules "N-word" not offensive
    * Man argued it was "everyday language"
    * Bligh said term is highly offensive

A QUEENSLAND judge has found the terms "nigger" and "sandnigger" are not offensive to a reasonable person.

Magistrate Michael O'Driscoll made the ruling yesterday when he dismissed a case against a Gold Coast retiree charged with sending an offensive facsimile to a local politician, the Gold Coast Bulletin reported .

Denis Mulheron, 62, sent the fax to the office of Queensland lawmaker Peta-Kaye Croft on June 30 last year.

It called on the Labor Party to tighten immigration laws against "niggers" and "sandnigger terrorists", and Muslim women with circumcised genitals.

Read more: http://www.news.com.au/national/judge-rules-n-word-not-offensive/story-e6frfkvr-1225903563377#ixzz0wUY0J76I

Staff member Christie Turner, 28, told Southport Magistrates Court she was deeply offended when she read the one-page document, which also made reference to indigenous Australians as "Abos".

Mr Mulheron, from the Gold Coast suburb of Labrador, told the court he had grown up with the slang terms for Arabs and black Africans and did not believe they were offensive.

"I'm not a member of the cafe, chardonnay and socialist set ... to me that is everyday language," he said.

He argued in court they were no different to calling a New Zealander a "Kiwi" or an American a "Yank".

Mr O'Driscoll ruled that Mr Mulheron's words were not enough to invoke criminal sanctions.

"The words used were crude, unattractive and direct but were not offensive to a reasonable person," he said.

But he made it clear the court in no way condoned Mr Mulheron's comments.

Queensland Premier Anna Bligh said the use of the term "nigger" is highly offensive and has no place in modern Australia.

The case comes after a judge in the Queensland city of Townsville ruled last Thursday that it was acceptable for people to tell police officers to "f*** off".

Townsville judge Peter Smid threw out a case against Bardon Kaitira, 28, who swore at a female officer outside a nightclub on December 20 last year in the early hours of the morning.

Judge Smid said: "The defendant spoke normally, he had his hands in his pockets and walked away. It's not the most polite way of speaking but those who walk the beat would be quiet immune to the words."

Read more: http://www.news.com.au/national/judge-rules-n-word-not-offensive/story-e6frfkvr-1225903563377#ixzz0wUY4yHyF

Blasphemy:

--- Quote ---"I'm not a member of the cafe, chardonnay and socialist set ... to me that is everyday language," he said.
--- End quote ---
I couldn't stop laughing after reaching this point.

Fraxxx:

--- Quote from: Blasphemy on August 13, 2010, 08:08:55 AM ---
--- Quote ---"I'm not a member of the cafe, chardonnay and socialist set ... to me that is everyday language," he said.
--- End quote ---
I couldn't stop laughing after reaching this point.

--- End quote ---

This one got me too. ;D

.:DaYg0sTyLz:.:
How do u make a ruling on what is "offensive" to someone else?

The Overfiend:
^ The judge makes a ruling based on the legal hypothetical concept of the 'reasonable person'. This is an ever changing concept, and judges are suppose to use current attitudes in society to guide them in forming an idea of what the 'reasonable person' would do. In murder trials this is usually left to the jury, as they are suppose to reflect a more accurate idea of the type of people that compose  society and therefore a closer idea of the average 'reasonable person'.



What this means is that the law is, or should be, always changing with society, for better or worse.

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