[GUILTY] United States of Argonath vs DeZ

[Kessu]

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. DeZ


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 DeZ
We, the FBI, declare the criminal violations committed by the defendant to be listed herein:

• DeZ has been caught selling M60 Machine Gun, 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.
• The Defendant used another man's property, "VU.Amal", who is being charged separately in here.

III. Evidence

Exhibit I

Evidence of the weapon sale

IV. Charges & Demands

Charges

One count - Illegal weaponry trafficking. (DeZ)

Demands

• Defendant to be issued a fine of $30.000 as a penalty for using illegal methods as a source of income.
• Defendant to serve 2 years (6 minutes) in federal prison.

V. Settlement Offer

If the defendant pleads 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

[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 DeZ" Proceeding Number: VC-CR0004/2017

COURT MINUTE

The Court notes the previous plea of not guilty before the cases were separated, and enters that plea for the defendant. The defence and prosecution shall have two days to make any submissions regarding their case before a verdict will be handed down.

DATED, on this 5th day of October, 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 DeZ" Proceeding Number: VC-CR0004/2017

Medium Neutral Citation:	United States of Argonath v DeZ [2017] AFCR 8
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 sale of illegal weaponry.
Legislation Cited:	Crimes (Further Offences) Ordinance 2017 Interim Constitution
Cases Cited:	United States of Argonath v Amal [2017] AFCR 2 United States of Argonath v Amal [No. 2] [2017] AFCR 4 United States of Argonath v Mustang [No. 2] [2017] AFCR 3
Texts Cited:	None.
Parties:	United States of Argonath (Prosecution) DeZ (Defendant)
Representation:	Kim Purp Lee (P) Mag Iur Ferrari (D)

JUDGEMENT

[1].        By criminal summons and indictment filed on the 13th of August 2017,¹ Mr DeZ (the 'Defendant') stands charged with one count of selling an illegal weapon under the Crimes (Further Offences) Ordinance 2017. Mr DeZ's case was previously enjoined with another case that of Mr Amal's. It was separated as a conclusion of United States of Argonath v Amal.²

[2].        One exhibit was presented by the prosecution, it shows the Defendant clearly engaging in a weapon sale with another individual, giving the individual an M60 and 300 rounds of the relevant ammunition. That exhibit shall be titled 'Exhibit P1'.

[3].        Based on the evidence I am satisfied beyond reasonable doubt that the defendant is guilty of the offence for which he is charged with. Under the Interim Constitution s II ord III provides the legal basis for the offence for which the defendant is charged with:

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]

[4].         As such the defendant is found guilty of the offence, as the defence failed to enter any submissions regarding sentencing. I will be also convicting the defendant of the offence. With regards to sentencing, in United States of Argonath v Mustang [No. 2],³ the Court opened the grounds for which defendants can be sentenced. I feel the need to apply general and specific deterrence to this offender.

[5].         With regards to monetary fines, the prosecution submitted that a fine of $30,000 ARD and a 2 year (6 minute) term of imprisonment should be imposed. I believe this is too low for the amount of contraband that the defendant sold, it is clear that the defendant sold a significant sum of weapons and it is unknown how much he has since profited. Plus the fact that the defendant was acting in joint criminal enterprise with Mr Amal, who was also found guilty in United States of Argonath v Amal [No. 2],⁴ I feel the need to impose a harsher penalty.

[6].         With regards to the monetary fine, I accept the prosecution's base fine and apply a 30% increase to it, taking into consideration the need for general and specific deterrence to deter both the community and the offender from committing the offence in the future. The final monetary fine is $39,000 ARD.

[7].         With regards to the term of imprisonment, I accept the prosecution's submission for 2 years but increase the sentence by an additional 2 years. The defendant is to receive time off for the delay of this verdict, which shall be 1 year. The defendant is sentenced to 3 years (9 minutes).

THE COURT ORDERS THAT:

[1].        That the defendant be found guilty of one count of selling an illegal weapon.

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

[3].        That the defendant is sentenced to a term of imprisonment of 3 years, (9 minutes) to commence at the earliest date possible when the defendant is taken into custody.

[4].        That the defendant be issued a monetary penalty of $39,000 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, 'Indictment', Submission in United States of Argonath v DeZ, VC-CR0004/2017, 13 August 2017.
² [2017] AFCR 2.
³ [2017] AFCR 3 [11] (Treblin J).
⁴ [2017] AFCR 4.

JUDGEMENT SUMMARY
Today, the Argonath Federal Court found Mr DeZ guilty of one offence of selling an illegal firearm. The Court sentenced him to a term of imprisonment of 3 years (9 minutes) and fined him $39,000 ARD because of the severity of the offence. The Court referenced the need for general and specific deterrence for the sentence.
 

• 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.