SD v GxOZxerd 2020 Crim 10
SD v GxOZxerd 2020 Crim 10
| Date of judgment | 18th September 2020 |
|---|---|
| Judge | Judge SeaOtter |
| Charges | 1 charge of Treason (Article 55 of the Criminal Code) |
| Verdict | Guilty |
| Sentence | 3 month ban |
| Applicable persuasive precedent | Relevance is a common law objection, 4 Sites such as Removeeddit may be used to see deleted posts, 7 Testimony from persons under threat of perjury is to be taken as truthful, 8 Article 16 of the Criminal Code may be used to define conspiracy as a part of treason, 11 Reaffirms SD v JoesphMemestar 2020 Crim 9 6 |
| Appeal | Case upheld by the Supreme Court GxOZxerd (Appellant) v State of SimDemocracy (Respondent) 2020 SDSC 15 |
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JUDGMENT by Judge SeaOtter
Introduction
[1]. The defendant is charged with treason under Article 55 of the Criminal Code of SimDemocracy. The defendant is alleged to have participated in a plot to overthrow the government with several citizens of r/WeeklyDictator (“WD”).
Objecting on Relevance
[2]. Towards the beginning of the presentation of evidence, it was objected by defense counsel that said piece of evidence was not relevant to the matter at hand.
[3]. Although this objection is not contained in Article 8 of the Trial and Pre-trial Procedures Act of 2020, the court entertained the objection.
[4]. This court believes that an objection on the grounds of relevance is necessary for a fair hearing, and as such would like to properly define it for the purposes common law.
4.1 The definition shall be as follows; if relevance is objected to, the court must decide if the presented evidence is pertinent to the case at hand. If it is, the evidence shall be entered, if not, it shall be stricken from the record.
Evidence that has been destroyed
[5]. During pre-trial, the prosecution entered a reddit post link as evidence. Shortly after, the post was deleted by the user who posted it.
[6]. Certain websites, such as [www.removeeddit.com](http://www.reverseeddit.com), allow users to see posts and comments which have been deleted. These posts are found using the same link as the original post, but replacing reddit with “removeeddit” in the web address.
[7]. The court holds that this website may be used to see the contents of deleted evidence, as long as the links lead to the same page.
Evidence received through parties under investigation
[8]. Evidence was presented by the prosecution containing information given by a user who has since been convicted of treason, and the defense argued that due to this, the evidence was not up to the evidentiary standard required.
8.1 The defense noted that the user may have cooperated with investigators to receive a lighter sentence.
[9]. The court finds that the penalty of perjury and obstruction of justice is reason to believe the user is telling the truth, and as such their evidence and testimony is trustworthy.
Conspiring to undermine
[10]. It is the belief of the court that the applicable section of Article 55 is section 1.5, which defines treason as “Conspiring or attempting to undermine the constitutional order of SimDemocracy.”
[11]. Using persuasive precedent of SD v. JosephMemestar 2020 Crim 9 6, the court will use the Article 16 definition of Conspiracy in determining if the defendant conspired to undermine the constitution.
11.1 The definition reads as follows; “A person shall be considered to engage in a conspiracy, when they order or request, or otherwise direct a person to commit a criminal offense; or to assist or offer material assistance in committing a crime”
11.2 As presented in Prosecution Exhibit G, the defendant was one of the supporting members of a new party known as Liberitate Pentru Toti.
11.3 Additionally, the prosecution presented Exhibits C and D, which established the goal of the party created by the group (namely That One Guy, and Firesmith) was to take control of the government, and become a vassal state of WeeklyDictator.
11.3.1 The court rules these actions undermine the constitutional order of SimDemocracy.
11.4 It should also be noted that the defendant was a member of the server in which the plot was planned, and the defendant has been identified as a member of the plot.
Conclusion
[12]. The court rules that the defendant provided material assistance to the plot to undermine the constitutional order of SimDemocracy. This was done by being one of the founding members of a party with the explicit goal of committing treason, while having knowledge to that end.
Verdict
[13]. The court finds the defendant guilty of Treason under Article 55 of the Criminal Code.
[14]. Given the minimal role of the defendant, the court shall be lenient in its sentencing.
[15]. The court sentences the defendant to a three month ban from r/SimDemocracy and its territories.
