TNP v. Empire of Narnia

Gaspo

Gaspo

TNPer
The Court of the North Pacific is hereby called to order. On the docket is the case of The North Pacific v. Empire of Narnia, as filed by the Office of the Attorney General HERE and accepted by the Court HERE

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Indictment​
In the name of the nations of The North Pacific, an indictment under The North Pacific Legal Code is filed against Empire of Narnia, alleging the defendant did commit Forum Crashing by reporting the regional forums of Zoo to Invisionfree causing the forums to be deleted.

Empire of Narnia is hereby charged with committing the following act as defined by the Legal Code:

Section 1.5.11: Crashing

11. "Crashing" is defined as any unauthorized action which could cause a forum to go out of service or lose information, including the deletion of posts, the deletion of a forum, spamming, or any other act of such kind.
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Pursuant to Chapter 3, Section 3.3, Clause 11, of the Legal Code, which states that "[a]ny Justice may approve or deny an indictment, and their decision will be final," this indictment is respectfully submitted for judicial approval.

Sincerely,

Sovreignry
Deputy Attorney General of The North Pacific
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Representing the North Pacific will be Sovreignry AKA Reginald Carmichael, Deputy Attorney General.
Representing the Defendant will be TBD, Attorney for the Defendant.

Presiding over this case will be Gaspo, Justice and Trial Moderator, Belschaft, Justice, and Hileville, Justice.

The defendant is charged with one count of Crashing. The court is in recess at the time of this posting; in accordance with the legal code, the Defendant will have 48 hours from the time of the Court reopening to submit a plea. This gives the defendant until 12:00AM EST on Friday, January 4th, to submit a plea. If no plea is entered by that time, the Court will enter a default plea of Not Guilty and will proceed with the trial process. If the defendant enters a plea prior to the resumption of court activities, it will be recorded following the end of the Court's recess, and any motions made prior to that time will be evaluated at that time. The defendant is entitled to counsel of his choosing; please notify the Court of your choice, which you may change at any time. If you do not inform the Court here of your chosen counsel, the Court will record the defendant as representing himself.

The court will release a timetable for the trial process shortly following the acceptance of a submitted plea.

I am required by Court Rules Article 1.2 to notify the Defendant of charges against him prior to the beginning of this case. However, the Defendant is on PM Restriction. As such, no notification is possible by this means. It may be inferred from the defendant's posts HERE that he eagerly anticipates the commencement of this trial. As such, I am posting this thread three days early, to provide compensatory time to allow him to discover its presence prior to the beginning of proceedings in lieu of the PM notification indicated by the rules.

As this is my first trial, I feel it appropriate to note that I do not tolerate shenanigans in my courtroom. I expect the utmost decorum from all who stand before this court, as they exercise their duties, serve as witnesses, and/or stand trial. Thank you.

With that out of the way, Empire of Narnia, how do you plead?

Timetable and notes:
Timetable
TBD

Notes
1. The Court has authorized the use of Telegrams as a means of communicating with the defendant, and has ensured notification pursuant with Rule 1.2 via this method.
2. The Court accepted the defendant's Guilty plea.
3. The Court has released its formal verdict and sentence, for the record.
4. The Court has filed a request for ban with the Admin team.
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In the interest of transparency, I must disclose that Sovreignry contacted me via IRC to ask a procedural question regarding means of contacting the defendant, considering his PM restriction.

I have authorized the use of in-game Telegrams to the defendant's TNP nation of record as a means of maintaining communication with the defendant. I have allowed this method of contact because the defendant initiated contact via this means. I have instructed the prosecutor to immediately provide a link to this thread to the defendant, to further ensure he is apprised of these proceedings. Furthermore, the Prosecutor has been instructed to document any telegrams via screenshot, in the event that they be needed to settle an unforseen factual dispute. The prosecutor has agreed to these terms willingly.

No matters of law or evidence were discussed, and I have in my possession a complete and unedited log of the conversation should its release become necessary. In the interest of avoiding any appearance of ex parte malfeasance, the prosecutor has been advised to make such requests publicly in the future.
 
The defendant as replied to my telegram informing him of these proceedings stating that he cannot post on the forums. He also had a plea in the telegram. If it pleases the court I could post the telegram and we can proceed.
 
Court will not be proceeding until the stated time of resumption regardless; neither I nor anyone else on the court are certain to be available until that time.

Has the defendant stated any reason why he is unable to post? Is it simply a matter of RL lack of access, or has an administrative action been taken which restricts his ability to post?
 
The Court will obtain clarification on this matter from the Admins. Court remains in recess; please refrain from submitting the defendant's plea until further notice.
 
The Administrators have explained that the defendant is on a 3-day post suspension following his most recent warning. SOURCE This suspension will end tomorrow, in plenty of time for the trial to continue as scheduled. Therefore, I will allow the defendant to plea for himself, as he will have plenty of time to do so following the end of his suspension.
 
The Court's holiday recess is over, and the defendant has, as previously stated, until Friday at 12:00am to submit a plea.
 
I plead GUILTY!!!!!!!


Oh, yeah! I'm so guilty! I'm an insane criminal maniac! You gotta lock me up before I destroy the whole universe with my mad haxxoring!
 
I would ask you to maintain proper decorum in your responses with regard to this case. Neither flippancy nor rainbows are welcome here.

Turning to your plea, submitting a plea of guilty constitutions a complete and irrevocable admission of guilt and culpability, and places you at the mercy of this court with regard to sentencing. With these considerations in mind, do you affirm your guilty plea?
 
Very well. Your plea is accepted; a verdict of GUILTY is hereby entered.

The court will deliberate on a sentence shortly; if either side wishes to comment on sentencing, a brief statement will be taken into consideration.
 
The prosecution offered to accept a guilty plea from the defendant if the defendant agreed to a 30 day forum ban. We did not request an in-game ban. I did not feel that the defendant’s actions warranted more than that, personally.
 
The court will take your recommendation into consideration, as well as anything from the defense posted, in keeping with proper decorum, in the next 36 hours.
 
punk d:
The prosecution offered to accept a guilty plea from the defendant if the defendant agreed to a 30 day forum ban. We did not request an in-game ban. I did not feel that the defendant’s actions warranted more than that, personally.
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As a matter of law, I would note that that's not the way pleas work. Both sides agree to a plea in exchange for a recommendation of reduced sentence. The court, however, is under no obligation to accept the plea or to accept the punishment recommended. Courts usually do, but they don't have to. Important distinction. Just a note.
 
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In the matter of The North Pacific v. Empire of Narnia, on the charge of Crashing, the defendant has entered, and the court has accepted, a plea of GUILTY. As such, the record reflects a conviction for Crashing against Empire of Narnia.

In accordance with the Legal Code, the Court may elect to punish as follows:
5. Crashing, Phishing, or Spamming may be punished by ejection and banning, the removal of any and all basic rights for whatever duration the Court sees fit, and/or banning by forum administration.
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After considering the recommendations of the Office of the Attorney General, as well as the details of the case at hand, and the interests of justice within our region and community, the Court has unanimously agreed on the following punishment.

Empire of Narnia is hereby sentenced to the following:
  • A forum ban of precisely sixty (60) days
  • Suspension from the Regional Assembly and all official regional participation (including, but not limited to, the NPA, RA, Ambassadorships, and so forth) for precisely ninety (90) days
  • A ban from holding any elected or appointed office (defined as any office requiring the posting of an Oath) for a period of precisely one hundred eighty (180) days.
These sentences will run concurrently, resulting in a full restoration of rights precisely 180 days from the date at which the commencement of the forum ban is publicly confirmed by the Administrative team.

The Court thanks both sides for their participation.

Court is adjourned.

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