The North Pacific vs NorthArdenyan

Lord Dominator

Lord Dominator

Election Commissioner
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An indictment of @NorthArdenyan has been accepted on two counts of Gross Misconduct, from the following indictment:

Dreadton:
Indictment​

I bring forward the following charge(s) holding that all the below is true and honest to the best of my belief.

Name of Complainant: Dreadton

Name(s) of Accused: @NorthArdenyan

Date(s) of Alleged Crime(s): December 1, 2023

Crime:

Count 1: Fraud
Count 2: Spamming
Count 3: Gross Misconduct
Count 4: Gross Misconduct

Specifics of Crime(s):

I allege that the Defendant did, knowingly and willingly, filed a false and misleading court filing in order to seek attention. The filing, by their admission, was not to seek review of an action or law but to serve to fill their need for entertainment. They sought to file a false petition for their benefit (personal entertainment) and in doing so attempted to damage the reputation of the court and those parties mentioned in the filing. I further allege that the act of filing a false petition, seeking by their own admission the sole purpose of entertainment and not the pursuit of Justice, they did conduct an act of Spamming. They sought to waste space and "play the court." I further alleged that the act of filing a false petition, they did violate their oath as a citizen and their oath as a solider in the NPA. By oath, they swore to act in a manner fitting of a citizen and as a solider, including obeying all laws.


Summary of Events:

The Accused filed a petition on December 1, 2023. The accused petition, while hard to understand, alleged some action by myself as a bar commissioner, somehow violated the rights of an applicant to the bar. After multiple parties sought to dismiss the filing on various legal grounds, it was further shown that the accused attempted to represent themself as a officer of court. The accused then attempted to deny and mislead the region further, by creating a puppet and claiming it was actually them who did the act. After once again being found out, they then admitted that their purpose was to get attention and mislead the court.

Evidence:

The filing : https://forum.thenorthpacific.org/topic/9197779/
Citizens Oath : https://forum.thenorthpacific.org/topic/9145386/209#post-10610181
NPA Oath : https://forum.thenorthpacific.org/topic/9145375/61#post-10622267


I request the court issue an order to preserve evidence.
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At present, @Lord Dominator has been appointed to serve as Moderating Justice, with @Vivanco serving as Temporary Hearing Officer.

The defendant has been notified of such and of their options with defense counsel.

Delegate @Kaschovia is asked to appoint a prosecutor.

This post will be updated as needed as information becomes available, particularly when we are able to schedule the various parts of the trial.
 
im out find a replacement for me,escaping from jail LOL
 
nah fvk this im gonna go rest dont tg me or kacau me or i will just yeah yk
 
Your Honor,I have decided after a week to represent myself is there a chance to contonue this case?
 
The Prosecution request the court appoint counsel to the Defendant. At minimum, to advise the Defendant on his rights and the process.
 
I confirm that NorthArdenyan and I have agreed that I will represent him in this case.
 
Excellent, apologies.

Am I to take from the request to move into plea submission that the defendant is pleading guilty then?

I ask, due to the lack of explicit statement of such.
 
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Lord Dominator:
Excellent, apologies.

Am I to take from the request to move into plea submission that the defendant is pleading guilty then?

I ask, due to the lack of explicit statement of such.
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Not to my knowledge, we are indicating that we are ready to begin the trial. The first part being scheduling and Plea (Guilty/Not guilty)
 
Dreadton:
Not to my knowledge, we are indicating that we are ready to begin the trial. The first part being scheduling and Plea (Guilty/Not guilty)
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Ah yes, I apparently can’t read today.

Given that, I will set three days presumptively for plea submission, that should be sufficient. Further scheduling will be based on the plea of course.
 
Sorry for being late,I agree to begin the trial
 
Dreadton:
We request the court instruct the defendant on how to plea .
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@NorthArdenyan @Comfed

In relation to that the Court recognizes two pleas:

Not Guilty, in which you are indicating that you contest the basic facts/presented in the accepted indictment and wish to contest them. The trial will then continue on to evidence submission followed by argumentation, before the Court rules on guilt and any sentencing occurs if a guilty verdict is handed down.

Guilty, in which you are indicating you do not contest the basic facts presented in the accepted indictment and acknowledge you committed the indicated crimes. The trial will immediately proceed to sentencing.
 
We request the Defendant confirm his plea and the information outlined in the indictment, specifically we request the court ask the Defendant the following,

"1. By pleading guilty you are agreeing to the facts as stated in the indictment,

2. By pleading guilty, you are stating that the evidence presented in the indictment is true, factual, and properly before the court,

3. By pleading guilty, you are stating you had the opportunity to seek legal counsel and confer with them,

4. You understand by pleading guilty, you are waving trail and the court will go directly into the sentencing recommendation phase,

You understand this and wish to plead guilty?"
 
The defence requests that the Court disregards my client's plea. The Court's post pressured the defendant to enter an immediate plea and did not fully account for the implications of pleading one way or the other. The defendant had previously indicated to me that he wished to plead not guilty, and I am concerned that the public posts in this thread urging him to rapid action, one of which pinged him, constituted undue pressure. Above all, the Court should not accept a guilty plea if it is not convinced that the plea is entirely voluntarily and done by a defendant who is completely informed of his options and what either plea would entail.
 
Dreadton:
We request the Defendant confirm his plea and the information outlined in the indictment, specifically we request the court ask the Defendant the following,

"1. By pleading guilty you are agreeing to the facts as stated in the indictment,

2. By pleading guilty, you are stating that the evidence presented in the indictment is true, factual, and properly before the court,

3. By pleading guilty, you are stating you had the opportunity to seek legal counsel and confer with them,

4. You understand by pleading guilty, you are waving trail and the court will go directly into the sentencing recommendation phase,

You understand this and wish to plead guilty?"
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Comfed:
The defence requests that the Court disregards my client's plea. The Court's post pressured the defendant to enter an immediate plea and did not fully account for the implications of pleading one way or the other. The defendant had previously indicated to me that he wished to plead not guilty, and I am concerned that the public posts in this thread urging him to rapid action, one of which pinged him, constituted undue pressure. Above all, the Court should not accept a guilty plea if it is not convinced that the plea is entirely voluntarily and done by a defendant who is completely informed of his options and what either plea would entail.
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While the intention of the indicated post was to present options, the point is made.

In consideration of both posts then I would ask Counsel that you do determine with the defendant that they understand what pleading guilty means - the questions of the prosecution are a sufficient basis there - and thus whether they intend to plead as such.
 
I am going to consider the lack of response to be due to the Christmas holiday, but I would ask for a response of some kind here from the defense @Comfed, whether that’s to do with the plea or a need for more communication time with the defendant.
 
Both parties have come to the following plea agreement.

The Defendant will plead guilty to one count of Gross Misconduct. The Prosecution will withdraw the remain count of gross misconduct.

The Defendant agrees to the facts as listed in the accepted indictment.

The Defendant agrees that the evidence listed in the accepted indictment is true, factual, and properly before the court.

The Defendant agrees that he has had effective legal counsel.

Both Parties agree to a join recommendation of 2 months, loss of voting rights and for the timer to start upon the Defendant getting Citizenship, or the upon the issue of the Courts Sentence, which ever is later.


The Prosecution agrees to the above, and waits agreement from Defense Counsel and the Defendant.
 
Dreadton:
Both parties have come to the following plea agreement.

The Defendant will plead guilty to one count of Gross Misconduct. The Prosecution will withdraw the remain count of gross misconduct.

The Defendant agrees to the facts as listed in the accepted indictment.

The Defendant agrees that the evidence listed in the accepted indictment is true, factual, and properly before the court.

The Defendant agrees that he has had effective legal counsel.

Both Parties agree to a join recommendation of 2 months, loss of voting rights and for the timer to start upon the Defendant getting Citizenship, or the upon the issue of the Courts Sentence, which ever is later.


The Prosecution agrees to the above, and waits agreement from Defense Counsel and the Defendant.
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I agree to all terms
 
Before we move to sentencing & the arguments with it, I would ask which one of the gross misconduct charges is intended to be dropped - by my count there is one each for the citizenship oath and NPA oath.
 
Dreadton:
The citizens oath would be the one remaining
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Excellent. Presuming that defense counsel does not object to this, we are now in the sentencing phase.

I recognize that there is a partial recommendation included in the given plea, however the floor remains open for any elaboration as to why. I will set the time available for submitting any further, more detailed, briefs of recommendation at 7 days, unless both parties wish to waive that.
 
Lord Dominator:
Excellent. Presuming that defense counsel does not object to this, we are now in the sentencing phase.

I recognize that there is a partial recommendation included in the given plea, however the floor remains open for any elaboration as to why. I will set the time available for submitting any further, more detailed, briefs of recommendation at 7 days, unless both parties wish to waive that.
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ehh why when i post need to wait mod approval
 
Lord Dominator:
Excellent. Presuming that defense counsel does not object to this, we are now in the sentencing phase.

I recognize that there is a partial recommendation included in the given plea, however the floor remains open for any elaboration as to why. I will set the time available for submitting any further, more detailed, briefs of recommendation at 7 days, unless both parties wish to waive that.
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Can i apply for citizenshil
 
Defence's Sentencing Recommendation and Explanation
The defendant's actions in submitting a false filing for judicial review were regrettable. They did attempt to make a mockery of the Court in so doing for their personal entertainment. This is not conduct befitting of a citizen of The North Pacific, which is why the defendant has pled guilty as an act of repentance. However, the defence feels that the Court must take into account the following mitigating circumstances in deciding a sentence:
  • NorthArdenyan has never committed a crime before, and until they committed the offence in question they were a citizen in good standing of TNP;
  • The false filing did not seriously harm the reputation of the Court or Dreadton, as its intent was to entertain the defendant rather than damage the standing of any other person;
  • The defendant is relatively new to the region, and deserves the opportunity to learn the standard of the TNP community;
As such, the defence recommends a two month restriction on voting and standing for office, with the sentence beginning when they first apply for citizenship, or upon the date of the sentence's issuance, whichever is later. This means that the defendant will not be permitted to vote in the first two elections during which they are a citizen after the trial concludes. This is a penalty that is appropriate in showing the defendant that The North Pacific does not take disrespect of its institutions lightly, but is also not overly harsh towards a defendant who is a relative newcomer and deserves a second chance at becoming a citizen in good standing once again.
 
The Prosecution has little more to add that the record does not already established.

The Defendant voluntarily joined the region and accepted that he was subjected to our laws. He knowingly and willingly committed an offense. While his behavior since his indictment leaves much to be desired, he has avoided any further criminal actions. He has shown some willingness to accept the results of his actions. It is my belief that a larger penalty then the one proposed here would not contribute to justice but further feed misbehavior for the defendant. With the plea, I believe we have struck a balance in preserving the rule of law and justice.
 
Your Honor,Will i be able to participate in the NPASF or Government Registry after 2 months?
 
Your Honor,After this case ends does the moderator approval thing get vanishee?
 
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