[GUILTY] United States of Argonath vs. Edgepool

[Huntsman]

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 ID111117A United States of Argonath versus edgepool 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: • edgepool II. Summary An undercover asset of the FBI has presented the bureau with evidence of the defendant, Mr. Edgepool, part-taking in an illegal smuggle operation and then storing the said items in his property #101, Ghetto Shack, Little Haiti, 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 one military-grade weapon that's illegal for civilian use. List of illegal items found in the property: 1) M60 (5) The said item, along with the rest of the weapons found in the property have been confiscated. III. Charges • edgepool 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" Edgepool 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) Posession of illegal weaponry. 2) Taking part in weapon trafficking to the state of Vice City IV. Demands •  The Federal Bureau of Investigation demands that edgepool receives a fine of 7.000 ARD for harboring illegal weaponry in his property. •  The Federal Bureau of Investigation demands that edgepool receives a fine of 20.000 ARD for trafficking illegal weaponry TOTAL DEMANDS: 27.000 ARD V. Evidence •  Evidence of the subject part-taking in the smuggle operation as well as storing illegal items. https://imgur.com/a/ZR2dS •  Items found in the property •  Search warrant for Property #101, issued by Judge Alexander Treblin. VI. Settlement Offer The Prosecution are willing to lower the demanded fine to 20.000 ARD if the defendant pleads guilty. Signed, Director Gabriel Adams Federal Bureau of Investigation

[Huntsman]

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 Your Honor, The Prosecution would like to inform you that the defendant has been summoned to the court.

[PulseEffect]

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-CR0008/2017

COURT MINUTE

The Court has received notice of the criminal case. The defendant has up to two days to enter a plea or be sentenced in absentia.

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

Signed,

Alexander Treblin
Alexander Treblin
Judge

[PulseEffect]

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-CR0008/2017

Medium Neutral Citation:	United States of Argonath v Edgepool [2017] AFCR 6
Date of Decision:	3 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 Interim Constitution
Cases Cited:	United States of Argonath v Mustang [No. 2] [2017] AFCR 3
Texts Cited:	None.
Parties:	United States of Argonath (Prosecution) Edgepool (Defendant)
Representation:	Gabriel Adams (P) No appearance for the defence.

JUDGEMENT

[1].        By criminal summons and information filed on the 11th of November 2017,¹ Mr Edgepool (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 ('Exhibit P1'), which shows the defendant clearly engaging in smuggling activities. The other showing the outcome of a search warrant operation on the defendant's property ('Exhibit P2'), showing a M60 and 5 rounds of the relevant ammunition for that weapon.

[3].        I am satisfied beyond reasonable doubt that the two criminal offences for which the Defendant was charged with, were committed by the defendant. The law is quite clear on the criminal offences and I feel no need to explain them.² For that reason, I will be finding the defendant guilty of the offences for which he is charged.

[4].         With regards to sentencing, as discussed in United States of Argonath v Mustang [No. 2],³ there are a plethora of sentencing considerations to take into account. Given the failure of the Defendant to appear for this case, I believe a conviction should be recorded against the Defendant.

[5].         With regards to monetary fines, the prosecution submitted that a fine of $27,000 ARD should be imposed for the two offences, I believe this is too light. Using the formula adopted in Mustang [No. 2], the base fine for an offence regarding illegal possession of weaponry is $10,000 ARD. Taking into consideration sentencing principles, I believe specific deterrence is warranted and increase the fine for illegal possession by 25%.

[6].         With regard to the smuggling offence, I believe the standard base fine for such an offence should be $30,000 ARD given how many court cases have been started regarding illegal possession. It is quite clear that the need for severity of the punishment to deter offenders is quite clear. Taking into consideration sentencing principles, I believe general deterrence is needed to deter the wider community from committing such offences in the future and increase the fine by 10%.

[7].         I feel no need to sentence the defendant to a term of imprisonment. The final monetary fine is $45,500 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 $45,500 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 3rd day of December, 2017.

Signed,

Alexander Treblin
Alexander Treblin
Judge

_______________________
Footnotes
¹ Prosecution, 'Information', Submission in United States of Argonath v Edgepool, VC-CR0008/2017, 11 November 2017.
² See e.g.Crimes (Further Offences) Ordinance 2017; Interim Constitution s III act VI.
³ [2017] AFCR 3 [11] (Treblin J).

JUDGEMENT SUMMARY
Today, the Argonath Federal Court found Mr Edgepool guilty of two offences and sentenced him in absentia by issuing a severe fine of $45,500 ARD. The Court cited the need for general and specific deterrence for such offences.
 

• 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.