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GTA:VC => Vice City - City Hall => VC:MP - Vice City Multiplayer => VC:MP Courts => Topic started by: Kessu on July 27, 2017, 01:00:55 am

Title: [GUILTY] United States Of Argonath vs VU.Amal
Post by: Kessu on July 27, 2017, 01:00:55 am

(http://i.imgur.com/ImRhpQb.png)(http://i.imgur.com/vWdEKMh.png)(http://oi55.tinypic.com/w2d65w.jpg)

From: Vice City Police Department Headquarters
VCPD Headquarters, 231 Washington Beach Road, Vice City, Florida
To: Honorable Criminal Court Judge
143 Downtown State Street, The Court House, Vice City, Florida
Topic: United States of Argonath vs. VU.Amal

I. Opening Statement

Vice City's Federal Bureau of Investigation received an anonymous mail containing evidence of a weapon sale of an illegal Machine Gun called "M60".
After receiving the evidence the Bureau took immediate action to prevent any further sales by requesting a search warrant on the property holding the illegal weapon.
Judge granted the permission to execute the raid swiftly and the raid was executed within 48 hours.

II. Case Breakdown

Criminal acts committed by VU.Amal
We, the FBI, declare the criminal violations committed by the defendants to be listed herein:

DeZ has been caught selling M60 Machine Gun (Case against this Defendant has been separated (http://www.argonathrpg.eu/index.php?topic=121600.msg1901906;topicseen#new)), which was smuggled into Vice City illegally. It is currently deemed an illegal weapon, and cannot be legally sold within Vice City. These weapons are smuggled in by boat via a well known smuggling route.
VU.Amal has been caught possessing said M60 Machine Gun in his property that was used in a sale of said illegal weapon.

After approval of the search warrant, the following buildings were searched and weaponry was seized from them:

Private Property #150, Havana House, Little Havana

The property is under VU.Amal's ownership. There was no illegal weapons found stored inside the property.

III. Evidence

Exhibit I

Evidence of the weapon sale (http://imgur.com/a/ucfas)

Specifics of warrant issued by FBI:

Federal warrant #11 - VU.Amal
Evidence given to the FBI on July 22nd, 2017
Warrant filed on July 24th, 2017
Warrant approved by Judge Alexander Treblin (PulseEffect) on July 25th, 2017
Executed on July 26th, 2017

IV. Charges & Demands

Charges

One count - Possession of illegal weaponry. (VU.Amal)

Demands

Defendants to be issued a fine of $30.000 as a penalty for using illegal methods as a source of income, possession of illegal weaponry, instead of reporting it to proper authorities.
Defendants to serve 2 years (6 minutes) in federal prison.

V. Settlement Offer

If the defendants plead guilty to all charges in court then the FBI & VCPD is willing to lower its demands to $15.000 financial penalty and 6 months (1 minutes and 30 seconds) in federal prison.

Signed,

F.B.I Director
Kim Purp Lee

F.B.I Special Agent
Nylez Straccione

VCPD Deputy Chief / SWAT Operative
Hynek Lydell Pershing

VCPD Captain / SWAT Commander
Joseph Becker

Title: Re: United States Of Argonath vs VU.Amal & DeZ
Post by: PulseEffect on July 27, 2017, 02:08:13 am

(http://i.imgur.com/1PyQkiD.png)
Vice City Law Courts
Argonath Federal Court

From: The desk of the Honorable Alexander Treblin Address: 143 Downtown State Street, Downtown Vice City, Florida Topic: "United States of Argonath v VU.Amal and DeZ" Proceeding Number: VC-CR0002/2017

COURT MINUTE

The Court has received notice of the case, has the prosecution issued criminal summons to notify the defendants of the case against them? Also as a further request, can the prosecution please include the warrant execution evidence here for the purposes of a 'fair trial'. Whilst I understand that the prosecution did hand my chambers the relevant evidence, as an impartial adjudicator, I cannot place that evidence before the court. Only the prosecution may.

DATED, on this 27th day of July, 2017.

Signed,

Alexander Treblin
Alexander Treblin
Judge

Title: Re: United States Of Argonath vs VU.Amal & DeZ
Post by: Kessu on July 27, 2017, 12:31:16 pm

Your honor,

The evidence of the raid that was executed is here (http://imgur.com/a/kIqUb).

They are in chronological order with a timestamp in the beginning.

We will summon both defedants VU.Amal & DeZ as soon as possible and will post a note here after the deed is done.

EDIT:

Both defendants have been summon to court: evidence (http://imgur.com/a/YKMPr)

Title: Re: United States Of Argonath vs VU.Amal & DeZ
Post by: PulseEffect on July 29, 2017, 04:15:48 pm

(http://i.imgur.com/1PyQkiD.png)
Vice City Law Courts
Argonath Federal Court

COURT MINUTE

The defendants will be directed to enter a plea (guilty or not guilty) within a week. Failure to enter a plea will result in a plea of not guilty being automatically entered into. Any appearances by a lawyer for the defence should also be preferably submitted to the court before the plea is made.

THE COURT ORDERS THAT:

[1]. That a formal plea (guilty/not guilty) must be entered into by the Defendants within one week, if there are no substantial procedural issues raised by either party. If no plea is entered into, the Court will note a plea of "not guilty" has been entered into, by the Defendants.

ORDERED, on this 30th day of July, 2017.

Signed,

Alexander Treblin
Alexander Treblin
Judge

Title: Re: United States Of Argonath vs VU.Amal & DeZ
Post by: Kessu on July 31, 2017, 09:49:45 pm

Your honor, the prosecution would like to add more criminal charges on "VU.Amal".

Statement

During this court case, The Federal Bureau of Investigations have been keeping a close eye on the property owned by VU.Amal and have noticed suspicious activity around the property.

Today, on 31st of July, VU.Amal and two of his accomplices were seen on a known smuggle route, smuggling illegal items in to Vice City and the said two accomplices, "[VU_T]Legend" and "[VU_T]Norman4354" were caught on a wire planted by the F.B.I Director Kim Purp Lee himself.

These said criminals were not chased during the smuggle operation due to a mass murderer being on the loose which took priority, so the F.B.I Director instead decided to plant a wire in hopes of the criminals being caught storing the smuggled illegal goods.

Evidence for the Search Warrant

Wire being planted and a timestamp
Items being stored and chatter about it caught on wire as well as a timestamp
The criminals storing the items dying in the hands of the law enforcement

Evidence file (http://imgur.com/a/TWFLp)

The evidence in the file was enough to convince Judge Alexander Treblin (PulseEffect) to grant permission to raid the Private Property #150, Havana House, Little Havana again and the F.B.I found several violations of the law.

Timetable for the raid is as follows;

Warrant submitted on July 31st, 2017
Warrant granted on July 31st, 2017 by Judge Alexander Treblin (PulseEffect)
Warrant executed on July 31st, 2017

Evidence from the raid

The property contained a list of illegal items which are listed here;

60 units of weed seeds
37 kilograms of explosives
Desert Eagle and 449 ammo for it
10 units of Remote Detonation Grenades
MP5 Kurz and 250 ammo for it

Evidence of the storage (http://i.imgur.com/oz2QTQu.jpg)

Updated Demands

The Defendant, VU.Amal, to be fined for $200,000 for continuous disregard of the law and multiple counts of possession of illegal goods.
The Defendant, VU.Amal, to be stripped from the ownership of his Private Property as it is proven to be a hub for him and his friends to use in illegal activities.
The Defendant, VU.Amal, to be jailed for 10 years (30 minutes) in federal prison.

Settlement offer is no longer on the table for VU.Amal.

These charges will not affect "DeZ" in any way, and if the court wishes the F.B.I is willing to separate the two cases.

Title: Re: United States Of Argonath vs VU.Amal & DeZ
Post by: PulseEffect on August 01, 2017, 07:18:20 am

(http://i.imgur.com/1PyQkiD.png)
Vice City Law Courts
Argonath Federal Court

COURT MINUTE

The Court accepts the additional charges added to the indictment by the prosecution.

DATED, on this 1st day of August, 2017.

Signed,

Alexander Treblin
Alexander Treblin
Judge

Title: Re: United States Of Argonath vs VU.Amal & DeZ
Post by: Kessu on August 02, 2017, 05:04:39 pm

Your honor,

The F.B.I was sent one more key piece of evidence that we'd like to submit to the evidence. The evidence was sent over by VCPD Officer Ray_Corbin on 1st of August, 2017, very late in the night. The evidence shows the Defendant "VU.Amal" using his own property within illegal activities.

Evidence (http://i.imgur.com/L9lCkjb.jpg)

That is all.

Title: Re: United States Of Argonath vs VU.Amal & DeZ
Post by: Amal on August 03, 2017, 02:59:55 pm

I, VU.Amal appoint [VU]Ferrari32 as my lawyer to represent me in this case.

Title: Re: United States Of Argonath vs VU.Amal & DeZ
Post by: [TB]ferrari32 on August 06, 2017, 08:47:47 pm

Your honor, I, Ferrari32 will be representing the defendant, VU.Amal in this case.

The defendant pleads not guilty on accounts of:

-Possession of illegal weaponry

I would like to bring the court's attention to no other specific charges being raised against the defendant. The prosecution has so far charged the defending party for only the one I already stated, therefore the defendant will not plead. I urge the prosecution to revise the case and come up with criminal charges before the said evidence is taken into account.

With due respect,

Mag. iur. Ferrari32

Title: Re: United States Of Argonath vs VU.Amal & DeZ
Post by: Kessu on August 06, 2017, 09:04:25 pm

Quote from: Kessu on July 31, 2017, 09:49:45 pm

Updated Demands

The Defendant, VU.Amal, to be fined for $200,000 for continuous disregard of the law and multiple counts of possession of illegal goods.
The Defendant, VU.Amal, to be stripped from the ownership of his Private Property as it is proven to be a hub for him and his friends to use in illegal activities.
The Defendant, VU.Amal, to be jailed for 10 years (30 minutes) in federal prison.

The charges are as follows;

3 counts of - Conspiracy to commit a crime

DeZ, Norman4354, Legend using his property within illegal activities

6 counts of - Possession of illegal items/weaponry

M60 and 150 ammo for it
60 units of weed seeds
37 kilograms of explosives
Desert Eagle and 449 ammo for it
10 units of Remote Detonation Grenades
MP5 Kurz and 250 ammo for it

Title: Re: United States Of Argonath vs VU.Amal & DeZ
Post by: [TB]ferrari32 on August 06, 2017, 09:23:41 pm

Your honor,

As my client's attorney, I would like to appeal for a separate trial;

-Dez and my client, Amal, should have a separate trial due to no affiliation being proven by the prosecution between the two. The defense may only speculate that the individual in question, Dez, was collaborating with my client.

-The defense pleads for the first account of possession of illegal arms and the new one brought up by the prosecution to be split in two individual cases, for reasons:

-The counts are made by alleged charges set in different time frames
-The counts are set in different scenarios
-The count of conspiracy to commit a crime has been made with entirely new alleged conspirators, and
should be separated from the original charge

With due respect,

Mag. iur. Ferrari32

Title: Re: United States Of Argonath vs VU.Amal & DeZ
Post by: PulseEffect on August 07, 2017, 09:05:15 am

(http://i.imgur.com/1PyQkiD.png)
Vice City Law Courts
Argonath Federal Court

COURT MINUTE

Does the prosecution have any submissions as to if the defendants should be tried separately instead of together?

DATED, on this 7th day of August, 2017.

Signed,

Alexander Treblin
Alexander Treblin
Judge

Title: Re: United States Of Argonath vs VU.Amal & DeZ
Post by: Kessu on August 07, 2017, 11:43:32 am

Quote from: Kessu on July 31, 2017, 09:49:45 pm

These charges will not affect "DeZ" in any way, and if the court wishes the F.B.I is willing to separate the two cases.

Your honor, as I mentioned when Amal's charges were increased from their original state, I offered to separate the two cases if the court wished it. I still will do it, if asked to.

Title: Re: United States Of Argonath vs VU.Amal & DeZ
Post by: PulseEffect on August 08, 2017, 02:21:47 am

(http://i.imgur.com/1PyQkiD.png)
Vice City Law Courts
Argonath Federal Court

Medium Neutral Citation:	United States of Argonath v Amal [2017] AFCR 2
Date of Decision:	8 August 2017
Jurisdiction:	Common Law
Before:	Treblin J
Catchwords:	CRIMINAL PROCEDURE - Whether defendants should be tried separately - defendants charged arising from same incident - waiver of right to speedy trial and whether the separation would violate this right.
Legislation Cited:	Interim Constitution (http://www.argonathrpg.eu/index.php?topic=75902.0)
Cases Cited:	United States of Argonath v Kevin (2016) USADC 2347 (http://www.argonathrpg.eu/index.php?topic=116046)
Texts Cited:	None.
Parties:	United States of Argonath (Prosecution) VU Amal (1st Defendant) DeZ (2nd Defendant)
Representation:	Kim Purp Lee (P) Mag Iur Ferrari (D)

INTERLOCUTORY JUDGEMENT

[1]. The defendants have applied for an order to separate the criminal case in order to have the defendant's tried separately.¹ The prosecution has earlier stated² that they do not mind if the defendants wished to be tried separately.

[2]. The court however is more concerned that this is a delaying tactic by the defendants and that it would be a waste of time and effort to try the defendants separately. Furthermore I am confident that this would be against the defendant's right to a 'speedy trial' as stipulated in the Interim Constitution (http://www.argonathrpg.eu/index.php?topic=75902.0).³

[3]. Additionally, I am of the opinion that the defendant’s submission that the affiliation between the two defendants is wrong because the first defendant sold an illegal item from the property of the second defendant⁴ which means a relationship between the two does exist.

Considerations of Defendant's Ability to Waive Rights

[4]. Anyone can waive their rights to their own detriment, however in a dispute where justice is at stake, quite particularly a criminal case, the Court is of the view that defendants should exercise extreme caution whilst doing so because it would be against the interests of justice to do so.

[5]. By meddling with the interests of justice, the Court believes that there should be the opportunity for harsher repercussions (emphasis added) should the party, that interfered with the interests of justice, lose.

Persuasive Precedent

[6]. This Court may consider other cases from other jurisdictions to influence its judgements. In order to develop the procedure and common law of this jurisdiction, it is necessary to borrow from other jurisdictions However, courts in the future should always use cases from the same jurisdiction in which the dispute is being heard in, over cases from other jurisdictions to influence its judgement.

[7]. Going on, a relevant case to consider is: United States of Argonath v Kevin (http://www.argonathrpg.eu/index.php?topic=116046.msg1824439#msg1824439)⁵ where I applied for two separate criminal cases to be merged on the basis on the same evidence and that the defendants committed criminal acts alleged together.

[8]. Hugendong AsJ granted that application, and I am moved to to suggest that his honour was correct in doing so because it sped up the processes of justice. It is a fact that trying two separate defendants takes more time out of courts than if a case was merged. Of course that does not mean that the state should submit one huge prosecution case charging everyone for crimes done within a month but in the circumstances outlined where the defendants commit acts together, evidence of criminal acts is substantially similar and the charges are related to one another; then it is in the interests of justice to try the accused together.

Conclusion

[9]. As the prosecution has stated it does not mind the defendants being tried separately, the Court can do nothing but accept the defence's application to try the defendant's separately. I would caution the defence about doing this as I have just previously outlined and will give the defendant two days to reconsider its application given paragraph four of these reasons.

DECISION

[1]. That the defence's application to try the defendants separately, be granted.

THE COURT ORDERS THAT:

[1]. That the prosecution submit a new indictment to try the second defendant separately, in a new thread, to be done within one week.

[2]. The charges against the second defendant, be dismissed without prejudice as a result of Order 1, subject to either side’s discretion.

[3]. Liberty to apply.

ORDERED, on this 7th day of August, 2017.

Signed,

Alexander Treblin
Alexander Treblin
Judge

_______________________
Footnotes
¹ Defence, ‘Defence Application to Separate Trial’, Submission in United States of Argonath v Amal, VC-CR0002/2017, 6 August 2017 (http://www.argonathrpg.eu/index.php?topic=121393.msg1901069#msg1901069).
² Prosecution, ‘Amendment to Indictment', Submission in United States of Argonath v Amal, VC-CR0002/2017, 31 July 2017 (http://www.argonathrpg.eu/index.php?topic=121393.msg1899783#msg1899783).
³ Interim Constitution (http://www.argonathrpg.eu/index.php?topic=75902.0) s IV ord I.
⁴ See Exhibit I (http://imgur.com/a/ucfas) and Warrant Record.
⁵ United States of Argonath v Kevin (2016) USADC 2347 (http://www.argonathrpg.eu/index.php?topic=116046.msg1824439#msg1824439).

JUDGEMENT SUMMARY
Today, the Argonath Federal Court allowed an application to separate the defendants’ cases in order to try them separately. The Court however noted its objection saying that it would be against the interests of justice to slow down the processes of justice by such tactics.

This statement is not intended to be a substitute for the reasons of the Court or to be used in any later consideration of the Court’s reasons.

Title: Re: United States Of Argonath vs VU.Amal & DeZ
Post by: [TB]ferrari32 on August 08, 2017, 09:27:07 pm

I thank your honor for taking the defendant's appeal into account.

The defense however is not trying to delay or obstruct justice. We are merely exercising my client's rights to a lawful trial, by correcting certain administrational errors.

I would like to cite the case ''United states of Argonath vs Ninth Avenue Razors'' to further prove the defense' point. The court has brought out concern as to the defense obstructing the right of a speedy trial. We would like to note that the meaning of ''speedy trial'' is a relative one, as it is not mentioned within our interim constitution. Therefore, a ruling on obstructing that right would have to be made on the basis of a precedent case. The above mentioned case has been brought to court by the same prosecution on February 9th, 2017. The case is still going on this day, 8th of August, the same year. It is therefore the defense's opinion that increasing a penalty for an alleged obstruction of the interim constitution to be an unlawful act and a breach of the same constitution as well, citing Section IV of the Interim constitution, ordinance I, paragraph I

Quote

In all prosecutions, a citizen has the right to a fair, speedy, and public trial in the state of the criminal/civil act

The defense would also like to elaborate on the court's concerns about the relationship between Defendant DeZ, and Defendant [II]VU.Amal.
It is obvious that there is a certain link between the defendants, but the extent of the link has not been backed up by the prosecution so far. Suggesting that the defendants are part of a criminal enterprise has not been proven by the prosecution, meaning that the relationship could possibly have been a landlord agreement, for example. Therefore the defense may freely exercise their right to a separate trial.

Covering the above paragraphs, the defense objects to increased fines in case of being the losing party.

With due respect,

Mag. iur. Ferrari32

_{[1]United states of Argonath vs Ninth Avenue Razors http://www.argonathrpg.eu/index.php?topic=119073.0
[2]Interim constitution http://www.argonathrpg.eu/index.php?topic=75902.0}

Title: Re: United States Of Argonath vs VU.Amal
Post by: Kessu on August 13, 2017, 12:51:57 pm

Your honor,

The two cases have now been separated as per the wishes of the defense.

Title: Re: United States Of Argonath vs VU.Amal
Post by: PulseEffect on October 05, 2017, 10:48:09 am

(http://i.imgur.com/1PyQkiD.png)
Vice City Law Courts
Argonath Federal Court

From: The desk of the Honorable Alexander Treblin Address: 143 Downtown State Street, Downtown Vice City, Florida Topic: "United States of Argonath v VU.Amal" Proceeding Number: VC-CR0002/2017

COURT MINUTE

The Court now wishes to expedite the matter and finalise these proceedings, does the defence wish to make submissions on why they are not guilty?

DATED, on this 5th day of October, 2017.

Signed,

Alexander Treblin
Alexander Treblin
Judge

Title: Re: United States Of Argonath vs VU.Amal
Post by: PulseEffect on October 28, 2017, 05:03:27 pm

(http://i.imgur.com/1PyQkiD.png)
Vice City Law Courts
Argonath Federal Court

From: The desk of the Honorable Alexander Treblin Address: 143 Downtown State Street, Downtown Vice City, Florida Topic: "United States of Argonath v VU.Amal" Proceeding Number: VC-CR0002/2017

Medium Neutral Citation:	United States of Argonath v Amal [No. 2] [2017] AFCR 4
Date of Decision:	27 October 2017
Jurisdiction:	Common Law
Before:	Treblin J
Catchwords:	CRIMINAL LAW - Judge alone trial - trial verdict. CRIMINAL LAW - Defendant charged with illegal weaponry charges and conspiracy to commit a crime.
Legislation Cited:	Interim Constitution (http://www.argonathrpg.eu/index.php?topic=75902.0)
Cases Cited:	United States of Argonath v Mustang [No. 2] [2017] AFCR 3 (http://www.argonathrpg.eu/index.php?topic=121457.msg1900181#msg1900181) United States of Argonath v Gvardia [2016] AFCR 8 (http://www.argonathrpg.eu/index.php?topic=117631.msg1854722#msg1854722)
Texts Cited:	Federal Bureau of Investigations Contraband Document (http://www.argonathrpg.eu/index.php?topic=119075.0)
Parties:	United States of Argonath (Prosecution) VU Amal (Defendant)
Representation:	Kim Purp Lee (P) Mag Iur Ferrari (D)

JUDGEMENT

[1]. Mr Amal (the 'Defendant') stands charged with 6 counts of possession of illegal weaponry/items and 3 counts of conspiracy to commit a crime¹.

The Facts

[2]. On or around the 25th of July 2017, the Defendant’s property was used by ‘DeZ’, who is another defendant in a separate criminal trial, to conduct an illegal sale of weapons (https://imgur.com/a/ucfas), particularly 150 bullets of high calibre machine gun known as the ‘M60’ as well as one M60 to shoot such bullets from.² The prosecution presented evidence of that transaction which is marked as ‘Exhibit P1’.

[3]. Law enforcement agencies then quickly applied to the Court for a warrant, which was granted and led to a warrant execution (https://imgur.com/a/kIqUb) on the 26 July. There was nothing of interest in the raid, only revealing legal arms and a box labelled ‘NAR Pussies’.³ The prosecution presented evidence of that warrant execution, which shall be marked as ‘Exhibit P2’.

[4]. Later on, authorities then caught wind of the Defendant’s property being used by another criminal (https://imgur.com/a/TWFLp), who was later shot and killed by police. That shall be marked as ‘Exhibit P3’.

[5]. They again applied for a warrant which was granted and led to a warrant execution on 31 July. The results of that warrant execution (https://imgur.com/a/JGiUI) were the discovery of the ‘Kurz MP5’ and 250 bullets of the relevant ammunition, 60 units of seed for the illicit drug Cannabis, 37 kilograms of explosives and a ‘Desert Eagle’ and 449 bullets of the relevant ammunition. That evidence shall be marked as ‘Exhibit P4’.

[6]. Lastly, the prosecution submitted that the Defendant himself placed items at his property whilst he was a suspect (https://imgur.com/L9lCkjb) wanted by law enforcement. The items placed are unknown and in the Court’s opinion in determining the fate of the Defendant should be excluded from consideration.

The Law

[7]. The Court is far more concerned with the charges of possession of illegal weaponry and items. The Interim Constitution (http://www.argonathrpg.eu/index.php?topic=75902.0) relevantly provides:

Quote from: Constitution, s II, ord III

The right for private citizens to sell firearms and weaponry extended to weapons which are legal for licensed businesses (i.e. AmmuNations) to sell. The sale of weaponry that is illegal for such a business to sell is a criminal act.

[Emphasis added]

[8]. What weapons are illegal is not clearly defined by law but rather by a document produced by the Federal Bureau of Investigations titled: ‘Public Service Announcement - February 2017 (http://www.argonathrpg.eu/index.php?topic=119075.0)’ (the ‘Contraband Document’) and whilst it has no legal force per se, I am not entirely willing to allow the Federal Bureau of Investigation to define what is illegal as there is no relevant power in the Interim Constitution that provides such a power.

[9]. However, for the purposes of this trial and for the sake of previous authorities as in United States of Argonath v Gvardia (http://www.argonathrpg.eu/index.php?topic=117631.msg1854722#msg1854722),⁴ the Court will be upholding the prohibited items on the Contraband Document.

[10]. Concerning the charges before the Court, with respect to the first charge of illegal possession of illegal weaponry with regards to the sale of M60 and 150 bullets of the relevant ammunition, that charge cannot be substantiated and the Court will be reducing that charge to ‘allowing property to be used for illegal purposes. For discussion of that charge see United States of Argonath v Mustang [No. 2] (http://www.argonathrpg.eu/index.php?topic=121457.msg1908958#msg1908958).⁵ In my view that charge is far more appropriate for the facts set out with regards to the Defendant’s property. It is clear that the Defendant gave information to DeZ about where to place illegal items within his property and the most favourable inference drawn from the facts is that DeZ brought the illegal M60 and munitions into the property to conduct the illegal sale.

[11]. With respect to the third to sixth charges of possession illegal weaponry/items (excluding the possession of explosives and another item), it can be assumed that the Defendant’s property has been for the period of time between the first warrant execution and second, been used to store various illegal items. It is clear that the Defendant either knew or was ignorant of such as such for three of the illegal possession charges, the Defendant was in possession of these items as no other favourable assumption can be drawn nor has an explanation been provided. For the explosives and another item (which was placed by the criminals [VU_T]Norman4354 and [VU_T]Legend, the other item which was not disclosed in the wires in Exhibit P3), a favourable assumption can be drawn to say that the Defendant’s property was used for illegal activities.

[12]. With respect to the three charges of conspiracy to commit a crime, I find this as a duplication of the ‘allowing property to be used in illegal activities’ charges and will be dismissing them.

Sentencing

[13]. In Mustang [No.2], I discussed that there were various sentencing principles.⁶ In relation to this case, rehabilitation, general deterrence, denunciation are relevant.

[14]. In considering rehabilitation, I note that the Defendant has gained employment with the public service and find his prospects of changing his behaviour are good and will only be committing him to a monetary fine. From this finding, specific deterrence and accountability are not required in sentencing.

[15]. In considering general deterrence, the Defendant assisted in the distribution of illegal items and weapons in Vice City and the community should be aware that this sort of activity is unlawful. As such I increase the monetary fine by 10%.

[16]. In considering denunciation, the Defendant did partake or abet the illegal firearms and narcotics trade and contributed to the black economy of Vice City. I can only find that the Defendant should have his monetary fine increased by 20%.

[17]. In considering the actual sentence, the prosecution submitted that the Defendant should be fined in total: $200,000 ARD. With regards to Mustang, I noted that for one charge of ‘allowing property to be used in illegal activities’ should carry a standard baseline fine of $10,000. The Defendant engaged in three counts of such charge, as such the base fine should be $30,000. Adding the four possession charges, this sum becomes $70,000.

[18]. With respect to the prosecution’s submission that the Defendant with disregard for the law, I find that the prosecution’s sentencing submission should be taken into account and will double the fine to $140,000. I find that using the suggested fine of $200,000 too excessive considering the Defendant’s rehabilitation prospects.

[19]. In calculating the monetary fine, the Court has come to the sum of $184,000 ARD.

[20]. With respect to the private property, the Court will grant the prosecution’s submission and will ask that property be removed from the Defendant’s possession, if it is not in the Defendant’s possession then no action against the property is to be taken. The reason for such is that the property has or was become a known premises for illegal activity and the reputation of such a property should be changed.

THE COURT ORDERS THAT:

[1]. That three counts of the six counts of 'possessions of illegal weaponry/items' be downgraded to three counts of 'allowing property to be used in/for illegal activities'.

[2]. That the Defendant: Amal, be found guilty of three counts of ‘allowing property to be used in/for illegal activities’.

[3]. That the Defendant be found guilty of three counts of ‘possession of illegal weaponry/items’.

[4]. That the Defendant is to be convicted of the crimes.

[5]. That the Defendant be issued a monetary penalty of $184,800 ARD, to be stripped from the defendant's bank accounts and/or if the defendant cannot pay the sum, for the liquidation of any property, businesses, vehicles or other assets to cover such fine with the rest of the liquidation funds to go to the State.

[6]. That Property #150 at Little Havana, if still under the possession of the Defendant, be removed from the Defendant’s possessions and held by the State. The State and its officials may determine what to do with the property after taking possession of the premises.

[7]. All other criminal charges against the Defendant be dismissed with prejudice.

ORDERED, on this 29th day of October, 2017.

Signed,

Alexander Treblin
Alexander Treblin
Judge

_______________________
Footnotes
¹ Prosecution, 'Updated Charge List', Submission in United States of Argonath v Amal, VC-CR0002/2017, 31 July 2017 (http://www.argonathrpg.eu/index.php?topic=121393.msg1901053#msg1901053).
² Exhibit P1 (https://imgur.com/a/ucfas).
³ Exhibit P2 (https://imgur.com/a/kIqUb), see the attachments marked with ‘Box with a note’ and ‘Another box with a note’.
⁴ [2016] AFCR 12 (Stormeus CJ).
⁵ [2017] AFCR 3 [4]-[7] (Treblin J).
⁶ Ibid [11] (Treblin J).

JUDGEMENT SUMMARY
Today, the Argonath Federal Court found the defendant; Amal guilty of various possession charges and other related crimes and fined him $184,800 ARD. It dismissed the possibility of a term of imprisonment, noting the rehabilitation prospects of the defendant.

This statement is not intended to be a substitute for the reasons of the Court or to be used in any later consideration of the Court’s reasons.