[NOT GUILTY] United States of Argonath vs. SamirMahm

[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 ID281710A United States of Argonath versus SamirMahm 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: • SamirMahm II. Summary The Federal Bureau of Investigation, Vice City Division, has been investigating an incident that took place on 2017-10-28, 12:39 CET. The citizen black_man, while wanted by the Vice City Police Department on the charges of possession of illegal weaponary, has used Private Property #106, Ghetto Shack, Little Haiti, to retrieve weaponry, therefore making this property an accessory to a crime, and has been apprehended and arrested for the crime. Further investigation has determined that the said property belongs to defendant SamirMahm, who shares the said property with individual black_man. In accordance to the legal procedures of the State of Vice City, the Federal Bureau of Investigation has swiftly requested that the court of Vice City provide Federal Bureau of Investigation with a warrant to search the Private Property #106, Ghetto Shack, Little Haiti. Such warrant had been granted and approved on 2017-10-28 by Judge Alexander Treblin (PulseEffect) and has been executed on the same day. List of illegal items found in the property: 1) M60 with 350 ammuniton 2) Flamethrower with 89 ammuniton 3) Kurz MP5 with 250 ammunition The said items, along with the rest of the weapons found in the property have been confiscated. III. Charges • SamirMahm 1) "Act VI     Anyone taking part in an offense is guilty of that offense. Anyone encouraging, helping to prepare or     to commit that offense is guilty of that offense." - Constitution of Vice City, Criminal Law 2) "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" As the property belongs to the said SamirMahm, the Federal Bureau of Investigation wishes to charge SamirMahm with helping to comit a criminal offense by providing refugee for illegal weaponry in his property and of possession of illegal weaponry in his property, whether it has been himself or his tenant that has stored those weapons. IV. Demands •  The Federal Bureau of Investigation demands that SamirMahm receives a fine of 20.000 ARD for allowing to harbor illegal weaponry in his property and as a compensation for the damages done to the state by contributing to the flow of illegal weaponry in Vice City. •  The Federal Bureau of Investigation demands that Private Property #106, Ghetto Shack, Little Haiti is removed from the possession of the defendant, as it has been used as an accessory to a crime. V. Evidence •  Proof of ownership •  Items found in the property •  Search warrant for Property #106, issued by Judge Alexander Treblin. VI. Settlement Offer The Prosecution are willing to lower the demanded fine to 14.650 ARD if the defendant pleads guilty. Signed, Director Gabriel Adams Agent Steven Collingwood Federal Bureau of Investigation

[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 SahirMahm" Proceeding Number: VC-CR0005/2017

COURT MINUTE

The Court has received notice of the criminal case and will be processing the matter once the prosecution provides evidence of the defendant being issued a summons. The defendant has from the time of the prosecution's summons, five days to enter into a plea (guilty/not guilty). 

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

Signed,

Alexander Treblin
Alexander Treblin
Judge

[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, As no other means of more direct communication have been established with the defendant, in order to prevent this case from stalling, the Prosecution have sent the defendant an official e-mail (Forum PM) notification about the court case opened against him. As proof of summons, the prosecution are attaching a copy of the said notification.       Federal Bureau of Investigation Vice City Division From: Federal Bureau of Investigation, Office of Director Gabriel Adams Ocean Beach, Vice City To: Defendant SamirMahm Mr. SamirMahm, Federal Bureau of Investigations would like to notify you that a court case has been opened against you. From this moment on, you have five days to enter a plea of guilty or not guilty, as ruled by the Judge Alexander Treblin. Signed, Director Gabriel Adams, FBI Prosecutor of the United States of Argonath, State of Vice City Signed, Director Gabriel Adams, FBI

[SamirM]

(OOC) Sorry, I was away for a couple of days

[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 SahirMahm" Proceeding Number: VC-CR0005/2017

COURT MINUTE

As the defendant has failed to enter a plea, he has been defaulted into a not guilty plea. The defendant shall be given one week to submit a defence and any sentencing submissions. The prosecutor can respond to those submissions but must do so before the 18th of November. Any judgement will be handed down after the Ninth Avenue Razor case judgement.

THE COURT ORDERS THAT:

[1].        That the defendant file a defence on or before 16 November 2017.

[2].        Any reply or counter-submissions by the prosecutor be filed on or before the 18 November 2017.

ORDERED, on this 9th day of November, 2017.

Signed,

Alexander Treblin
Alexander Treblin
Judge

[SamirM]

Dear Judge,
I'd like to request more time to prepare my defence (OOC - as I am busy irl, or have the trial delayed altogether).

[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 object to the request. We find the charges and the evidence too straight forward and solid, and that it would be best if the case is not stalled.

[SamirM]

Your Honor,
it is within the Vice City constitution that I have a right to a fair trial.
''
    Ordinance III
    All citizens and individuals are innocent until proven and declared guilty.

    Ordinance IV
    All citizens have the right to a fair investigation of their crime, and the right to representation by an
    attorney during an investigation.
''
So it'd be unconstitutional to do that.
I have the legal right to prepare a defence.

(But rly now I have a lot of shit to do can't do it rn)

[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 SamirMahm" Proceeding Number: VC-CR0005/2017

COURT MINUTE

The Court will be issuing a judgement within the week. The defendant has had plenty of time to prepare a defence and has failed to do so.

DATED, on this 5th day of November, 2017.

Signed,

Alexander Treblin
Alexander Treblin
Judge

[SamirM]

I will be defending myself in this case, due to the fact that I haven't found any lawyer in the city right now.

[SamirM]

I have lent my house to a guy named canono_on, with previous aliases ''lina'' and ''black_man''.

*goes up to the judge and gives him a paper*
http://prntscr.com/hhsxax - recently gotten papers which prove who has access to my house, taken on 2017.12.01st on 17:53:59.014


He has stored contraband in my house while being wanted by the police.
I wasn't even aware of what he had done. I quote an accused person of the same count;

        ''If I lend my friend my car, and he decides to go berserk with it and crash it up a wall or run somebody
        over, should I be held responsible? No, what he DOES with the car is his own responsibility. I didn't
        know that he'd do any of these things.''

[Huntsman]

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

First of all, 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.


In regards to the Defendants response:

I have lent my house to a guy named canono_on, with previous aliases ''lina'' and ''black_man''.

*goes up to the judge and gives him a paper*
http://prntscr.com/hhsxax - recently gotten papers which prove who has access to my house, taken on 2017.12.01st on 17:53:59.014


He has stored contraband in my house while being wanted by the police.
I wasn't even aware of what he had done. I quote an accused person of the same count;

        ''If I lend my friend my car, and he decides to go berserk with it and crash it up a wall or run somebody
        over, should I be held responsible? No, what he DOES with the car is his own responsibility. I didn't
        know that he'd do any of these things.''

The prosecution would like to point out that the defendants property is his own responsibility. The defendant should have been more careful when selecting his tenants. Unless the defendant can provide the court with sufficient evidence that the items stored were stored by the tenant and not himself, we believe that it is only right that Mr. SamirMahm should be charged with the mentioned crimes as the owner of the property.

The Defendant should have filed a rent contract within the court to ensure that no legal action is taken against him in situation such as this.

We would like to quote the constitution on this matter:

Possession means has such items or things in their custody or; knowingly has such in the custody of another person or; has such in a house, business, or other place that they own, occupy, regularly visit or other relevant activities.

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.

Signed,
Chief Gabriel Adams
Vice City Police Department
Legal Affairs

[SamirM]

Dear Judge,
I didn't even know that there was a possibility of a rent contract here in Vice City. It isn't written in
the constitution, nor nowhere. If it were, I'd immediately do it with sir canono_on.
I had rented him a space in my house for 5000 ARD when I bought the house off his hands for
15000 ARD approximately 1-2 months ago. I didn't even use that house for storing anything, as I
am living in another house.
Sir canono_on has a petty criminal background, as you might already know. He was the guy who
stored in my property while being wanted by the police, not me. I did not know of, nor encourage
him to use my house while being wanted by the police. I did not help to prepare the criminal act
whichever was done by sir canono_on which got him wanted in the first place, nor to store any
illegal contraband he might have gotten. I did not take part in the criminal offense he was doing. He
had stored in my house, without even my permission while being wanted by the police. Even if he
asked for my permission, I wouldn't allow it as it'd take me here. I was away from town when this
incident happened.

OFF RP -
(Seriously, take a shot everytime I say ''wanted by the police''. You'd be in a coma lmao)

[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 SamirMahm" Proceeding Number: VC-CR0005/2017

Medium Neutral Citation:	United States of Argonath v Mahm [2017] AFCR 9
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 possession of illegal weaponry.
Legislation Cited:	Crimes (Further Offences) Ordinance 2017
Cases Cited:	United States of Argonath v Gvardia [2016] AFCR 12 United States of Argonath v Mustang [2017] AFCR 1 United States of Argonath v Ninith Avenue Razors [2017] AFCR 5
Texts Cited:	None.
Parties:	United States of Argonath (Prosecution) SamirMahm (Defendant)
Representation:	Gabriel Adams (P) The defendant appeared in person.

JUDGEMENT

[1].        By criminal summons and information filed on the 30th of October 2017,¹ Mr Samir Mahm (the 'Defendant') stands charged with one count of possession of illegal weaponry under the Crimes (Further Offences) Ordinance 2017.

[2].        The prosecution begins its case by stating whilst pursuing another suspect, who is not charged, used the defendant’s property to store items that were being used in the commission of a crime. A warrant was approved by this Court and resulted in a search warrant being executed against the defendant’s property. (‘Exhibit P1’) The other relevant piece of evidence was the ownership of the property provided by the prosecution. (‘Exhibit P2’)

Defendant’s First Submissions

[3].        The defendant has plead not guilty to the offence and despite some delays in submitting a defence due to various issues attempted to raise the “right to fair trial” argument to suggest that the Court was depriving him of a fair trial because it was going to issue a judgement without the defendant’s submissions. I am unsympathetic to the almost full month that the defendant has had to prepare a defence before this judgement, however I will consider it in my reasons.

[4].        The defendant submitted:²

I have lent my house to a guy named canono_on, with previous aliases ''lina'' and ''black_man''.

*goes up to the judge and gives him a paper*
http://prntscr.com/hhsxax - recently gotten papers which prove who has access to my house, taken on 2017.12.01st on 17:53:59.014


He has stored contraband in my house while being wanted by the police.
I wasn't even aware of what he had done. I quote an accused person of the same count;

        ''If I lend my friend my car, and he decides to go berserk with it and crash it up a wall or run somebody
        over, should I be held responsible? No, what he DOES with the car is his own responsibility. I didn't
        know that he'd do any of these things.''

[Emphasis original]

[5].        These submissions are somewhat correct, it is up to the prosecution to prove beyond reasonable doubt that the defendant has acted in criminal enterprise to use property for criminal purposes.³

Prosecution’s Counter Submissions

[6].        The prosecution submitted that the defendant has full responsibility for his own property and stated that a rent contract with the tenants could have prevented criminal liability against the defendant. This submission is an innovation in contract and criminal law and I will spell out how this sort of contract would work in order for a future defendant to avoid criminal liability.

[7].        Firstly, there must be an established tenancy or rent contract between a landlord and his or her tenants, it must state specifically that if the tenant stores illegal items or items used in the commission of a criminal offence, then the tenant accepts full criminal liability. For the landlord to avoid criminal liability, he must show reasonable doubt as to any suggestions of joint criminal enterprise or committing any criminal offences themselves as to storing illegal items or items involved in the commission of an offence, in their property.

[8].        Returning to the case before us, the prosecution cited s 4 of the Crimes (Further Offences) Ordinance 2017:

Possession means has such items or things in their custody or; knowingly has such in the custody of another person or; has such in a house, business, or other place that they own, occupy, regularly visit or other relevant activities.

[Emphasis added]

[9].         I do not believe this submission is a strong one or has merits in law, the part of the interpretation they are relying on: ‘knowingly has such in the custody of another person’, requires the prosecution to prove beyond reasonable doubt that a joint criminal enterprise exists between a landlord and his or her tenant. 

[10].       I do not believe it is relevant to summarise the defendant’s submissions in reply. It merely reasserts that the defendant was not aware of the tenant’s actions or criminal activities.

Ruling

[11].       I believe that the defendant is not guilty, I will explain why, the prosecution’s evidence merely consists of the tenant engaging in criminal activities and storing illegal items at the defendant’s property. They have not adduced evidence in support to suggest that the defendant was involved in a joint criminal enterprise and based on the ruling from United States of Argonath v Mustang,⁴ the prosecution has to prove this in order to push criminal liability onto a landlord in order to successfully prosecute the defendant.

Other Matters

[12].       The items seized from the raid are to be kept in the State’s custody⁵ and there is to be no compensation for their seizure because the raid was a validly executed raid.⁶

THE COURT ORDERS THAT:

[1].        That the defendant be found not guilty of one count of possession of illegal weaponry.

[2].        That the information is dismissed with prejudice.

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 Mahm, VC-CR0005/2017, 30 October 2017.
² Defendant , ‘Defence’, Submission in United States of Argonath v Mahm, VC-CR0005/2017, 12 November 2017.
³ United States of Argonath v Mustang [2017] AFCR 1 [7] (Treblin J).
⁴ Ibid.
⁵ See United States of Argonath v Gvardia [2016] AFCR 12 (Stormeus CJ)
⁶ See United States of Argonath v Ninith Avenue Razors [2017] AFCR 5 [101]-[104] (Treblin J).

JUDGEMENT SUMMARY
Today, the Argonath Federal Court found Mr Samir Mahm not guilty of one count of possession of illegal weaponry based on the evidence that it did not support the suggestion of a joint criminal enterprise between himself and the individual who was caught storing items at the defendant’s property. The Court relied upon the authority provided in United States of Argonath v Mustang.
 

• 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.