| [HCCC1801] Sentencing |
[Chief Justice Kringle and Associate Justice Sandaoguo]
The only item on the agenda for case HCCC1801 is the sentencing of Aav Verinhall, who has admitted to committing espionage against the Coalition of the South Pacific. Under the Criminal Code, sentencing is left at the discretion of the Court. If I am not mistaken, a ban from all venues was the punishment for espionage under a previous incarnation of the Criminal Code. My initial thought, taking into account that the accused confessed, is that a temporary ban would be in order. Do you have any thoughts on the matter, Glen? Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
Apologies for the lateness, which I imagine you can understand.
I would agree with a temporary ban. It's up to the LegComm if they ever accept them as a legislator again. But at the end of the day, the information they relayed to their "handlers" was simply #legislator-lounge and Private Assembly Hall content. If it was more serious, we wouldn't be talking about just espionage, but rather a security threat. What length are you thinking? My initial preferred starting point for criminal bans, particularly of people who were here in bad faith, is one year.
That sounds acceptable to me. I'll draft a rather brief ruling about it, since this came by way of confession.
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
@sandaoguo:
I've tried to make it shorter than usual, since this involved a guilty plea. I don't know if that seems fitting to you, or if you'd prefer to see some changes? HIGH COURT OF THE SOUTH PACIFIC
- HCCC1801 - ROAVIN V. AAV WHITEHALL CRIMINAL CHARGE AGAINST AAV WHITEHALL FOR THE COMMISSION OF ESPIONAGE AGAINST THE COALITION OF THE SOUTH PACIFIC 08 SEPTEMBER 2018 Chief Justice KRINGLE delivered the Verdict, signed also by Justice SANDAOGUO.
Summary of the Verdict It is the finding of the Court that the public admission of the Defendant, along with the evidence presented by the Plaintiff, lend credence to the assertion that his actions whilst a legislator of the South Pacific constitute espionage under the Criminal Code. In consequence, Aav Whitehall is found guilty of espionage against the Coalition of the South Pacific and given a ban from the region and forum for a period of 365 days.
Contrary to prior cases, this is one where the Defendant has openly admitted to the behaviour for which they are facing charges. In view of this situation, it is incumbent upon the Court to consider the legal implications of said admission, and to act accordingly in conformity with regional law.
I
A. Findings of the Court
On 30 July 2018, Roavin formally requested that Aav Whitehall be indicted by cause of espionage. As stated in his request, Aav Whitehall had allegedly admitted to obtaining legislator status in the South Pacific, in their capacity as the Head Director of HYDRA, a foreign entity. It was contended that Aav Whitehall used their legislator status to obtain information not available to the general public and transmitted it to HYDRA. This contention is consistent with the assertion of the Cabinet, from its statement of proscription of HYDRA, that the organisation had deployed an agent to the Assembly with the assignment of obtaining information privy only to legislators. Aav Whitehall pled guilty to one count of espionage on August 15, claiming that they were "not going to continue the sham". Pursuant to Article 5, Section 3 of the Judicial Act, this empowers the Court to render a verdict of guilty on this case; and further pursuant to Article 2, Section 3 of the Criminal Code, to determine a sentence proportional to the offence at hand. While Aav Whitehall did not necessarily use their position to obtain more sensitive information, including executive or security information, the application for legislator status under false and malicious pretenses, as well as the violation of secrecy in the Private Halls of the Assembly for the benefit of a foreign entity, are serious acts that cannot be allowed to stand, lest they pervert the true nature of the Assembly. B. Verdict and Sentence In view of the facts and circumstances outlined above, Aav Whitehall is found guilty of the crime of espionage against the Coalition of the South Pacific and is sentenced to a ban from the region and forum for a period of 365 days. Regional Officers and Forum Administration are hereby instructed to implement this sentence as appropriate. It is so ordered. Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
Looks great to me!
Sent from my iPhone using Tapatalk
Awesome! I’ll post it tonight then.
Inviato dal mio iPhone utilizzando Tapatalk Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System |
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