R. v. Topham

R. v. Topham

Denunciation is paramount for wilful promotion of hatred; given the intentional, deliberate internet dissemination, lack of remorse and risk of repeat publication, a custodial sentence was necessary to denounce and deter. A six month custodial sentence served by a conditional sentence order with tailored...

Source-derived case information.

Citation
2017 BCSC 551
Parties
Crown: Regina; Accused: Roy Arthur Topham
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 March 2017
Procedural Posture
Criminal Hate Propaganda / Sentencing After Conviction
Outcome
Accused sentenced to six months custody to be served by a conditional sentence order, followed by two years' probation
Legal Topics
Promotion of Hatred, Conditional Sentence Order, Denunciation, Aggravating and Mitigating Factors, Internet Publication Restrictions
Source Language
english
Criminal Law Hate Speech Sentencing Constitutional Law Promotion of Hatred Conditional Sentence Order Denunciation Aggravating and Mitigating Factors +1 more

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Parties

Regina

Crown

Roy Arthur Topham

Accused

Procedural Posture

Criminal Hate Propaganda / Sentencing After Conviction

Legal Issues

  1. 1 Appropriate sentence for conviction under s.319(2) Criminal Code
  2. 2 Whether a conditional sentence order is appropriate and safe for the community
  3. 3 Whether publication and internet restrictions can be imposed as sentence conditions

Ratio Decidendi

Denunciation is paramount for wilful promotion of hatred; given the intentional, deliberate internet dissemination, lack of remorse and risk of repeat publication, a custodial sentence was necessary to denounce and deter. A six month custodial sentence served by a conditional sentence order with tailored prohibitions and supervision, followed by two years' probation with a focused publication prohibition, was proportionate and did not endanger community safety under s.742.1.

Court Disposition

Accused sentenced to six months custody to be served by a conditional sentence order, followed by two years' probation

Orders

  • Two years' probation with standard conditions; no contact with Richard Warman or Harry Abrams; no weapons except for employment-related purposes; prohibition during probation on publishing or posting any information about persons of Jewish religion or ethnic origin on any internet or social media site accessible to...