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GTA:VC => Vice City - City Hall => VC:MP - Vice City Multiplayer => VC:MP Courts => Topic started by: Huntsman on November 11, 2017, 06:09:03 pm

Title: [GUILTY] United States of Argonath vs. Larry_Sinagra
Post by: Huntsman on November 11, 2017, 06:09:03 pm

(http://arpd.argonathrpg.com/divisions/vcmp/FBI/logo/logo.png)     
Federal Bureau of Investigation
Vice City Division

From: Federal Bureau of Investigation, Office of Director Gabriel Adams
Ocean Beach, Vice City
To: The Criminal Court of Vice City,
143 Downtown State Street, Vice City

Criminal Case ID111117
United States of Argonath versus Larry_Sinagra

I. Opening Statement

The Federal Bureau of Investigation, Vice City Division, in the name of the United States of Argonath, are hereby suing the following citizen of the State of Vice City, United States of Argonath:
• Larry_Sinagra

II. Summary

An undercover asset of the FBI has presented the bureau with evidence of the defendant, Mr. Sinagra, part-taking in an illegal smuggle operation and then storing the said items in his property #41, Sea Shack, Vice Port, on 2017-11-10. Given the weight of the evidence, the bureau requested the court of Vice City to issue a search and seize warrant. Such warrant was granted on 2017-11-11 and has been swiftly executed.

The Bureau found two illegal items in the said property.

List of illegal items found in the property:
1) Molotov Cocktail (25)
2) Explosives (18)
The said items, along with the rest of the weapons found in the property have been confiscated.

III. Charges

• Larry_Sinagra

1)
 "Part 2 - Provisions; Section 5: Illegal Possession Offences
It is a criminal offence for any person to be in possession of:
   (a) an M60 Machine Gun and any relevant ammunition for such weapon, or
   (b) a Bulldog Shotgun and any relevant ammunition for such weapon, or
   (c) a device that can project fire or flames and any petrol, fuel or other thing used to project such fire or flame, or
   (d) a rocket propelled grenade launcher and any relevant ammunition for such weapon, or
   (e) an explosive grenade(s) or remotely controlled explosive grenade(s), or
   (f) a Desert Eagle and any relevant ammunition for such weapon, or
   (g) a Kurz SMG and any relevant ammunition for such weapon. - Constitution of Vice City, Crimes (Further Offences) Ordinance 2017"

Larry Sinagra took part in an illegal smuggling operation and then stored the weapons gained in his property. Therefore, we wish to charge him with the following crimes:
1) Part-taking in weapon trafficking to the state of Vice City
2) Posession of illegal weaponry.

IV. Demands

•  The Federal Bureau of Investigation demands that Larry Sinagra receives a fine of 20.000 ARD for harboring illegal weaponry in his property.
•  The Federal Bureau of Investigation demands that Larry Sinagra receives a fine of 20.000 ARD for trafficking illegal weaponry
TOTAL DEMANDS: 40.000 ARD

V. Evidence

•  Evidence of the subject part-taking in the smuggle operation as well as storing illegal items.
https://imgur.com/a/e8zO3
•  Items found in the property
(https://i.imgur.com/t6vDO0c.png)
•  Search warrant for Property #41, issued by Judge Alexander Treblin.

VI. Settlement Offer

The Prosecution are willing to lower the demanded fine to 30.000 ARD if the defendant pleads guilty.

Signed,
Director Gabriel Adams
Federal Bureau of Investigation
Title: Re: United States of Argonath vs. Larry_Sinagra
Post by: Mortx on November 11, 2017, 07:45:20 pm
Hello, I arrived at the hearing.
What are my further actions?
Title: Re: United States of Argonath vs. Larry_Sinagra
Post by: Huntsman on November 11, 2017, 08:01:45 pm
Quote from: Mortx on November 11, 2017, 07:45:20 pm
Hello, I arrived at the hearing.
What are my further actions?

You shall enter a plea of either guilty or not guilty, and if you enter the plea of not guilty, you need to either represent yourself or choose/hire a lawyer or anyone else to represent you. Whoever represents you then comes up with a defence to counter the prosecutions charges, which the prosecution can once again respond to and counter them and so on until the date set by the court, when a judge then reviews both sides of the argument and comes up with a ruling.

If you enter the plea of guilty, that means you confess to the charges and agree with them, and are given the terms of settlement offer.
Title: Re: United States of Argonath vs. Larry_Sinagra
Post by: Mortx on November 11, 2017, 08:11:58 pm
I fully admit my guilt
Title: Re: United States of Argonath vs. Larry_Sinagra
Post by: Huntsman on November 11, 2017, 08:30:39 pm

(http://arpd.argonathrpg.com/divisions/vcmp/FBI/logo/logo.png)     
Federal Bureau of Investigation
Vice City Division

From: Federal Bureau of Investigation, Office of Director Gabriel Adams
Ocean Beach, Vice City
To: The Criminal Court of Vice City,
143 Downtown State Street, Vice City

The prosecution aknowledges the defendants plea of guilty and therefore enforces the settlement offer.
The prosecution awaits for the court to reach its decision.
Title: Re: United States of Argonath vs. Larry_Sinagra
Post by: PulseEffect on November 30, 2017, 11:50:40 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 Larry Sinagra"
Proceeding Number: VC-CR0007/2017


COURT MINUTE

The Court has noted the defendant's plea of guilty and will reserve judgement to be posted within the week.

DATED, on this 30th day of November, 2017.

Signed,

Alexander Treblin
Alexander Treblin
Judge
Title: Re: United States of Argonath vs. Larry_Sinagra
Post by: Huntsman on December 03, 2017, 12:25:37 pm
(http://i55.tinypic.com/w2d65w.png)

Vice City Police Department
Office of High Command
Chief of Police
Gabriel "Huntsman" Adams


We would like to notify the court that there has been a change in prosecution. Due to the prosecutor being transfered to VCPD, it has been agreed with the current acting director of the FBI that it should be in VCPD's responsibility to continue any previous cases made. Therefore, from this moment on, VCPD High Command is to assume the prosecution in this case.
Title: Re: United States of Argonath vs. Larry_Sinagra
Post by: PulseEffect on December 07, 2017, 09:38:27 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 Edgepool"
Proceeding Number: VC-CR0007/2017

Medium Neutral Citation:United States of Argonath v Sinagra [2017] AFCR 7
Date of Decision:7 December 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 and illegal smuggling.
Legislation Cited:         Crimes (Further Offences) Ordinance 2017 (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.msg1908958#msg1908958)
Texts Cited:None.
Parties:United States of Argonath (Prosecution)
Larry Sinagra (Defendant)
Representation:Gabriel Adams (P)
Defendant appeared in person.


JUDGEMENT

[1].        By criminal summons and information filed on the 11th of November 2017,1 Mr Larry Sinagra (the 'Defendant') stands charged with one charge of possession of illegal weaponry and one charge of smuggling illegal contraband.

[2].        Two exhibits were presented by the prosecution, one showing the smuggling operation (https://imgur.com/a/e8zO3) ('Exhibit P1'), which shows the defendant smuggling contraband into the state and storing at his own person property. The other showing the outcome of a search warrant operation (https://i.imgur.com/t6vDO0c.png) on the defendant's property ('Exhibit P2'), showing a M60 and 60 rounds of the relevant ammunition for that weapon and 25 Molotov Cocktails.

[3].        Based on the evidence I am satisfied beyond reasonable doubt that the two criminal offences for which the Defendant was charged with, were committed by the defendant. The Crimes (Further Offences) Ordinance 2017 (http://www.argonathrpg.eu/index.php?topic=75902.0) provides the relevant offences and there is no need to discuss them.2 As such the defendant is found guilty of those offences.

[4].         In regards to sentencing, in United States of Argonath v Mustang [No. 2] (http://www.argonathrpg.eu/index.php?topic=121457.msg1908958#msg1908958),3 the Court is given the wide variety of sentencing considerations to consider. I feel the need to apply specific deterrence to this offender.

[5].         With regards to monetary fines, the prosecution submitted that a fine of $40,000 ARD should be imposed for the two offences. The defendant however pleaded guilty and as such the prosecution reduced their demands to $30,000. I am satisfied that this is an appropriate sentence.

[6].         However, I will increasing that fine by 10% for the offence due to specific deterrence, the crimes for which the defendant were charged are rampant and need to be addressed by harsh punishments in the criminal justice system.

[7].         There is no need for a term of imprisonment. The final monetary fine is $33,000 ARD.

THE COURT ORDERS THAT:

[1].        That the defendant be found guilty of one charge of illegal possession of weaponry and one charge of smuggling illegal contraband.

[2].        That the defendant is to be convicted of the crimes for which he was found guilty for.

[3].        That the defendant be issued a monetary penalty of $33,000 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.

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

Signed,

Alexander Treblin
Alexander Treblin
Judge

_______________________
Footnotes
1 Prosecution, 'Information', Submission in United States of Argonath v Sinagra, VC-CR0007/2017, 11 November 2017 (http://www.argonathrpg.eu/index.php?topic=122417.msg1913812#msg1913812).
2 See Crimes (Further Offences) Ordinance 2017 (http://www.argonathrpg.eu/index.php?topic=75902.0) ss 5 and 9.
3 [2017] AFCR 3 [11] (Treblin J) (http://www.argonathrpg.eu/index.php?topic=121457.msg1908958#msg1908958).

JUDGEMENT SUMMARY
Today, the Argonath Federal Court sentenced Mr Larry Sinagra for two offences by issuing a fine of $33,000 ARD. The Court cited the need for specific deterrence for such offences.
 
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