When assessing whether it can be established with the necessary degree of certainty that a criminal relationship has occurred, it must not only be established that Antonsen has actually made the statement “you are too dark to be here”. It must be proven that he has acted with the necessary degree of guilt, in that he has intentionally or grossly negligently insulted Ali. The statement must be assessed in the context of the immediate situation in which it was made, and the parties’ previous knowledge of each other’s positions. After reviewing all the statements of the victim, the accused and the witnesses in report form and audio recordings, there seems to be disagreement as to whether an argument took place prior to the statement or not. The same applies to the situation afterwards. Neither ***** nor ***** has realized that Antonsen is said to have asked others to take a position on the statement. My assessment is therefore that the statement is not qualified as offensive in the context in which it is made. There is therefore reasonable doubt as to whether the conditions for punishment under Section 185 of the Criminal Procedure Act have been met. The case will therefore be dismissed according to the state of the evidence. I also believe that the relationship must be decided according to the state of the evidence when assessing Section 266 of the Criminal Procedure Act. The claim of guilt is premeditated. Based on the above-mentioned assessment of the explanations in the case, it cannot be proven that he intended to be reckless, intimidating or troublesome towards Ali.
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Complains that the Antonsen case was dropped – news Norway – Overview of news from various parts of the country
