| [2012.HC] Pencil Sharpeners v. Philippinia |
What about the fact that Shangyuen no longer resides in the region?
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
Irrelevant. The acts were committed in TSP, where we have jurisdiction. That he has subsequently fled the jurisdiction does not prevent us from charging him.
Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator ![[Image: B9ytUsy.png]](https://i.imgur.com/B9ytUsy.png)
I would echo Bels approach that he laid out above. This seems like the obvious route to take; and if it can be proven that there was no coordination then the charge can be dropped.
-Griffindor/Ebonhand
-Current Roles/Positions -Legislator 2/24/20- -High Court Justice 6/7/20- -South Pacific Coral Guard 11/17/20- -Minister of Engagement 6/17/22- -Past Roles/Positions -Legislator 7/3/16-4/10/18 -Secretary of State 4/3/20-2/24/21 -Chair of the APC 9/24/16-5/31/17 -Vice-Chair of the APC 6/1/17-4/10/18 -Local Council Member 7/1/17-11/17/17 -Citizen 5/2012-12/2014 and 2/26/16-7/3/2016 Upon further reflection, I now think it is reasonable for a person to believe both parties were involved in a conspiracy to knowingly commit a crime and, as such, there is probable cause to indict both Philippinia and Shangyuen for Organised Crime (CC 1.6). I continue to hold to the other elements of my previous post, such that there is also probable cause to indict Philippinia only for Bribery (CC 1.11). If my understanding is correct, I believe this means we are all agreed?
Former Associate Justice of the High Court of the South Pacific (4 December 2019 to 5 February 2021)
Regarding Shangyeun not being present in the region, I do not currently think there is an impediment to indicting him. While HCLQ 1504 did find that non-residents cannot be indicted, the relevant laws have been substantially changed since that time and, as such, that case presents no precedent which would bind the Court (Judicial Act 4.3). The current law permits the Court to 'indict an individual' (Judicial Act 5.1) and the 'literal, common sense meaning of what is written' (HCLQ 1805 Part I) is that the word individual is not limited to those who are currently resident in the South Pacific. As such, Shangyuen not being present in the region should be no impediment to indicting him.
Former Associate Justice of the High Court of the South Pacific (4 December 2019 to 5 February 2021)
I believe this is the current tally?
Bribery for Philippinia: Kringle, Belschaft, Nat, Griffindor Organised Crime for Philippinia and Shangyeun: Belschaft, Nat, Griffindor 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
Please let me know your availabilities to be either presiding or secondary on this case.
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
As I have never been party to a criminal trial; I would like to be on it. Preferably as secondary so I can get a crash course on one. Though I will take primary if you think better.
I’d also recommend Justice Nat’s placement on the case should they determine to be available as a “last case” kinda thing for them. -Griffindor/Ebonhand
-Current Roles/Positions -Legislator 2/24/20- -High Court Justice 6/7/20- -South Pacific Coral Guard 11/17/20- -Minister of Engagement 6/17/22- -Past Roles/Positions -Legislator 7/3/16-4/10/18 -Secretary of State 4/3/20-2/24/21 -Chair of the APC 9/24/16-5/31/17 -Vice-Chair of the APC 6/1/17-4/10/18 -Local Council Member 7/1/17-11/17/17 -Citizen 5/2012-12/2014 and 2/26/16-7/3/2016
I think that would be a good idea. Would you be available to act as presiding or secondary, @Nat?
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
I am available to act as either. Given Griffindor wishes to be the secondary, I am happy to be the primary. Up to you (Kris) though.
Former Associate Justice of the High Court of the South Pacific (4 December 2019 to 5 February 2021)
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