View source for SD v TwitchTot 2022 Crim 1

[[Category:Case Law|2023-01-05]] [[Category:Criminal Cases|2023-01-05]] [[Category:Court Cases from 2022|2023-01-05]]
= SD v TwitchTot 2022 Crim 1=

{| class="wikitable" style="text-align:center;"
|-
! Date of judgment
! 5th January 2023
|-
| Judge
| Justice halfcat
|-
| Charges
| 1 charge of Obstruction of Justice (Article 18 of the Criminal Code)
|-
| Verdict
| Guilty of 1 charge of Obstruction of Justice
|-
| Sentence
| 3 day mute
|-
| Applicable persuasive precedent
| 
|}
== JUDGMENT by Justice halfcat==
== Introduction ==

'''[1].''' The defendant is being charged with one (1) count of Obstruction of Justice, for allegedly not complying with a search warrant issued against their person.

'''[2].''' The defendant after initially pleading not guilty, changed their plea to guilty to one (1) charge of Obstruction of Justice and while stating that they wished to enter mitigation offered no arguments against the prosecution's recommended sentence.
== Verdict ==

'''[3].''' The Court finds the defendant guilty of one (1) charge of Obstruction of Justice.

'''[4].''' The prosecution has recommended a punishment of a fine of $100.000 of the SimDemocracy server currency and a timeout of two (2) days. The defendant had no objections.

4.1 The Court finds that sentencing the defendant to a fine as well as a timeout (mute) would not be appropriate for a crime which had no economic component.

4.2 The Court finds that a timeout, taken to mean mute by the Court as "timeout" is not a sentence available for the charge being levied, of two (2) days is not sufficient for the severity of non-compliance with a search warrant that could have led to further prosecution, however, taking into account the mild nature of the crime being investigated a sentence of the maximum allowed by the Criminal Code would not be appropriate.

'''[5].''' The Court sentences the defendant to a mute of three (3) days for Obstruction of Justice.

5.1 The sentence shall come into effect immediately.




==Citations==
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