[GUILTY] United States of Argonath vs. Kody

[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 Kody" Proceeding Number: VC-CR0010/2017

COURT MINUTE

The Court notes the defendant's plea of guilty and will reserve summary judgement. If the defendant wishes to further speak about sentencing, he may do so and I refer him to United States of Argonath v Mustang [No. 2] for how sentencing works. The defendant may wish to retain legal counsel to put submissions about sentencing, although I advise him to do that within two days. Finally, the prosecution may respond to defendant's wishes to lower the fine.

DATED, on this 11th day of December, 2017.

Signed,

Alexander Treblin
Alexander Treblin
Judge

[Huntsman]

The prosecution enforces the settlement offer as the defendant pleads guilty.

[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 Kody" Proceeding Number: VC-CR0010/2017

Medium Neutral Citation:	United States of Argonath v Kody [2017] AFCR 15
Date of Decision:	18 December 2017
Jurisdiction:	Common Law
Before:	Treblin J
Catchwords:	CRIMINAL LAW - judge alone trial - trial verdict - defendant charged with possession of explosives.
Legislation Cited:	Crimes (Further Offences) Ordinance 2017
Cases Cited:	None.
Texts Cited:	None.
Parties:	United States of Argonath (Prosecution) Kody (Defendant)
Representation:	Gabriel Adams (P) The defendant appeared in person.

SUMMARY JUDGEMENT

[1].        This is a summary judgement for the prosecution, who has charged Kody (the ‘Defendant’) upon information for possession of explosives which are prohibited by the Crimes (Further Offences) Ordinance 2017. I am convinced that the defendant did commit the acts set out in the information and the defendant himself pleaded guilty to the offences.

[2].        Turning to sentencing, the defendant stated that he was in financial problems and sought a lower monetary penalty. The prosecution’s charge negotiation stated that if the defendant pleaded guilty to the charge, he should be fined $85,000 ARD and sentenced to a term of imprisonment of 7 years (15 minutes).

[3].        The defendant who was found in possession of 6 explosives on his person has shown little remorse despite pleading guilty. It must be noted that remorse must be clearly identified in any admission of guilt for it to be applied. With regards to the financial problems, the defendant did not produce any evidence to show that he was in financial difficulties.

[4].        As such I convict the defendant, I issue a monetary penalty of $85,000 ARD. However I reduce the term of imprisonment to 4 years (4 minutes) as 7 years is significantly too punitive and the effects of such a lengthy imprisonment would significant outweigh the deterrent effect of imprisonment.

[5].        Finally, I wish to also discuss some other events in this case, the defendant attempted to pervert the course of justice by raising an external argument, which if succeeded, would’ve rendered this case invalid. It was quickly debunked by several intervening parties who stated it was false in nature. Whether it is malicious or not, I cannot allow this sort of lying to occur in this Court. For that I add a charge of perversion of the course of justice, find the defendant guilty of the charge, convict the defendant and issue a monetary penalty of $15,000 ARD and sentence the defendant to 3 years (3 minutes) imprisonment.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Treblin.

Register

THE COURT ORDERS THAT:

[1].        That the Court recognises the defendant's plea of guilty for the charge of possession of explosives which are prohibited by the Crimes (Further Offences) Ordinance 2017.

[2].        That a charge of perversion of the course of justice be added to the information and that the defendant be charged with such crime.

[3].        That the defendant, be found guilty on the charge of perversion of the course of justice

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

[5].        That the defendant is sentenced to an aggregate term of imprisonment of 7 years, (7 minutes) to commence at the earliest date possible when the defendant is taken into custody.

[6].        That the defendant be issued a monetary penalty of $100,000 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 18th day of December, 2017.

Signed,

Alexander Treblin
Alexander Treblin
Judge

JUDGEMENT SUMMARY
Today, the Argonath Federal Court convicted Kody of two crimes, one of which was added by the Court for his malicious attempt to defraud the processes of justice, he was issued a significant monetary penalty because he failed to produce evidence of financial hardship and the fact that no remorse was provided in his admission of guilt.
 

• 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.

~Distributed by authority of the Courts of Argonath~