[GUILTY] United States of Argonath vs. Aky

[Huntsman]

Vice City Police Department
Office of High Command
Desk of Chief Gabriel Adams

Criminal Prosecution Case
2018.01.14
TO: The Court of Vice City
FROM: Office of Chief of Police Gabriel Adams, Vice City Police Department, Washington Beach

I. Opening Statement

14th January, 2018. Citizen Aky has been issued an arrest order for discharging a weapon in public. He has surrendered to ARPD Officer Nylez Straccione after the second warning to surrender or force will be used. The suspect demanded investigation.

Upon a standart arrest procedure, a search of citizens belonging was conducted. We have found the citizen to be in the possession of the firearm Kurz SMG, which is illegal for civilian possession and use.

The citizen has been interrogated in regards to the firearm. As seen in the tape recording of the conversation, Citizen Aky has admitted that he has acquired the said firearm by stealing evidence from a crime scene, which is also a crime.

We would also like to bring your attention to the fact that the citizen has admitted to his crime in the interrogation.

II. Legal Reference

1.

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.
   (h) a traffickable quantity of gemstones, jewels, raw minerals or any other objects or items that are similar in nature and/or purpose.

2.

Section 10: Strict Liability
All criminal offences within this ordinance are to be interpreted that of strict liability, meaning that intention or mens rea is not required to find a defendant guilty of an offence in this ordinance.

3.

  Act VIII
    Anyone who causes, by their presence or by disrupting the tasks of law enforcement personnel, is
    to be charged with obstruction of justice. Anyone refusing to cooperate with law enforcement
    personnel with reasonable cause to act can be charged with obstruction of justice as well.

III. Charges

1. Posession of illegal weaponry.
2. Obstruction of justice by comitting a theft of evidence from a crime scene.

IV. Demands

1. Citizen Aky to be fined 50.000 ARD for his crimes.
2. Imprisonment of ten years (ten minutes) in a federal prison.

V. Settlement Offer

Vice City Police Department is willing to lower their demands to:
1. 20.000 ARD fine
2. Imprisonment of eight years (eight minutes) in a federal prison.

if the suspect pleads guilty in the case.


VI. Evidence

1. Items found in Mr. Aky's belongings:
https://imgur.com/i6mrYJd

2. Mr. Aky admitting how he got the weapons:
https://imgur.com/7hJi6Z5

3. Mr. Aky admitting to his crimes
https://imgur.com/OCulQdx
https://imgur.com/uwXy4NB

4. Mr. Aky summoned to court
https://imgur.com/QXS2h1m

5. Evidence file:
https://imgur.com/a/5nZ8B

[Huntsman]

Vice City Police Department
Office of High Command
Desk of Chief Gabriel Adams

Honorable Judge,

The defendant has been issued a summons to court in advance upon his arrest.
Evidence of the summons:
https://imgur.com/i2nEmHa

[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 Aky" Proceeding Number: VC-CR0003/18

COURT MINUTE

The Court has accepted the criminal prosecution case and directs the defendant to enter a plea (guilty or not guilty) within three days. 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 Defendant within three days, 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 Defendant.

ORDERED, on this 15th day of January, 2018.

Signed,

Alexander Treblin
Alexander Treblin
Judge

[Lonewolf]

I plead guilty and accept the settlement offer.

[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 Aky" Proceeding Number: VC-CR0003/18

COURT MINUTE

The Court notes the defendant's plea of guilty and reserves summary judgement to be published within three days.

DATED, on this 15th day of January, 2018.

Signed,

Alexander Treblin
Alexander Treblin
Judge

[Huntsman]

Vice City Police Department
Office of High Command
Desk of Chief Gabriel Adams

Honorable Judge,

The prosecution has aknowledged the defendants plea of guilty and would like to enforce the settlement offer.

[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 Aky" Proceeding Number: VC-CR0003/18

Medium Neutral Citation:	United States of Argonath v Aky [2018] AFCR 1
Date of Decision:	26 January 2018
Jurisdiction:	Common Law
Before:	Treblin J
Catchwords:	CRIMINAL LAW - Judge alone trial - trial verdict. CRIMINAL LAW - Defendant charged with possession of illegal weaponry and obstruction of justice charges.
Legislation Cited:	Crimes (Further Offences) Ordinance 2017
Cases Cited:	United States of Argonath v Mustang [No. 2] [2017] AFCR 3 United States of Argonath v The Escotta Family [2017] AFCR 12
Texts Cited:	None.
Parties:	United States of Argonath (Prosecution) Aky (Defendant)
Representation:	Legal Representatives/Counsel: Mr G Adams (Prosecutor) The defendant appeared in person. Instructors: Vice City Police Department (Prosecutor) None.

JUDGEMENT

[1].        By criminal summons and indictment filed on the 14th of January 2018,¹ Mr Aky (the 'Defendant') stands charged with one count of possession of illegal weaponry under the Crimes (Further Offences) Ordinance 2017 and one count of obstruction to justice.

[2].        The defendant entered into a plea of guilty² and I am satisfied based on the evidence provided that it would not be a miscarriage of justice for the defendant to be found guilty of the offences.

Sentencing

[3].        I find it necessary to record a conviction against the defendant. With regards to sentencing, the prosecution’s plea has a fine of $20,000 ARD and 8 years of imprisonment. In considering guideline sentences, the fine for a charge of possession of illegal weaponry is $10,000 ARD³, the defendant is entitled to a 20% discount in sentence.⁴ With respect to the obstruction of justice charge, I had previously set a guideline sentence of $50,000 ARD,⁵. Applying the discounted sentences together is $48,000. I believe that this sentence is far more appropriate in terms of monetary penalty. The 8 years of imprisonment is appropriate and accordingly I will sentence the defendant to that term of imprisonment.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Treblin.

Registrar

THE COURT ORDERS THAT:

[1].        That the defendant is to be convicted of the crimes for which he plead guilty to.

[2].        That the defendant is sentenced to an aggregate term of imprisonment of 8 years, (8 minutes) to commence at the earliest date possible when the defendant is taken into custody.

[3].        That the defendant be issued a monetary penalty of $48,000 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 26th day of January, 2018.

Signed,

Alexander Treblin
Alexander Treblin
Judge

_______________________
Footnotes
¹ Prosecution, ‘Indictment’, Submission in United States of Argonath v Aky, VC-CR0003/18, 14 January 2018.
² Defendant, ‘Plea of Guilty’, Submission in United States of Argonath v Aky, VC-CR0003/18, 15 January 2018.
³ See United States of Argonath v Mustang [No. 2] [2017] AFCR 3 [9] (Treblin J).
⁴ United States of Argonath v The Escotta Family [2017] AFCR 12 [19] (Treblin J).
⁵ Ibid [17] (Treblin J).

JUDGEMENT SUMMARY
Today, the Argonath Federal Court accepted a plea of guilty of the defendant and gave him a monetary fine of $48,000 ARD and sentenced him to a term of imprisonment of 8 years. .
 

• 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~