Finland / District Court of Helsinki / R 15/4669
Country
Finland
Year
Decision/ruling/judgment date
Incident(s) concerned/related
Related Bias motivation
Groups affected
Court/Body type
Court/Body
Key facts of the case
Two men entered into a restaurant at closing time and started insulting and assaulting two restaurants workers. Victim A was hit on the head with a fist and victim B was hit and kicked various times (including kicks to the the victim´s head) and he was also thrown through a glass door. The men were convicted of assault, aggravated assault and other crimes.
Main reasoning/argumentation
With respect to victim B, the court concluded that the assault was especially cruel and has led to serious bodily injury. The defendants had attacked the victim because of his ethnic origin and religion and no other motive has been demonstrated in the case. Aggravated penalty was not applied as such in the case. However, the court concluded that the motive behind the crime (ethnic origin and religion) among other factors has been taken into account in sentencing.
Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?
Key issues (concepts, interpretations) clarified by the case
Aggravated penalty was not applied as such in the case. However, the court concluded that the motive behind the crime (ethnic origin and religion) among other factors has been taken into account in sentencing.
Results (sanctions, outcome) and key consequences or implications of the case
Defendant H was sentenced to 2 years and 10 months of imprisonment.
Defendant T was sentenced to 3 years and 2 months of imprisonment. (other crimes taken into account)
H and T have to pay 300 euros damages to victim A and 10,300 euros damages to victim B.
Key quotation in original language and its unofficial translation into English with reference details
"Käräjäoikeus on ottanut huomioon rangaistuksen määrää mitatessaan, että Hossaan ja myös Takamaahan nähden täysin ulkopuolinen pizzeriatyöntekijä [B] on työssään, ilman mitään syytä tai ainoana syynä etninen alkuperä ja uskonto, joutunut kahden humalaisen miehen jahtaamaksi ja useaan otteeseen pahoinpitelemäksi, niin, että häneltä on viimeisen potkun jälkeen mennyt hetkeksi taju."
"In assessing the penalty, the district court has taken into account that [victim B] who works at the pizzeria is previously unknown to [the defendants] Hossa and Takamaa and has, in his work, with no reason or solely because of his ethnic origin and religion, been chased by two drunken men and has been repeatedly assaulted so that after the last kick he has lost his consciousness for a moment. "