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[2021] Del 1. Imperium Anglorum v Aryan Homeland

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Imperium Anglorum

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[1] The Delegate has jurisdiction to hear any case arising from violations of European law because the Delegate holds such authority delegated from the Founder. Such jurisdiction is not restricted by statute. While one could argue a lack of jurisdiction for the Delegate's court under the provisions of section 6 of the Criminal Law Act 2018 – specifically 'Any member of the government may bring suit in the European Council against persons they believe to have violated these provisions' – that clause does not vest the European Council with exclusive jurisdiction to hear violations. Section 6 is no jurisdictional bar.

[2] Offence. Imperium Anglorum < >, complainant, brings suit against Aryan Homeland < >, defendant, for impersonation under section 6(a) of the Criminal Law Act 2018. Under that section, it is a crime to impersonate any member of the government.

6(a) Any person who impersonates or attempts to impersonate any member of the government, including ranks from the Founder to the undersecretaries, is guilty of impersonation.​

[3] The defendant committed the act in question, as determined by NationStates moderators. Ex 1 infra. The statement by moderators establishes clearly who was responsible and that impersonation occurred. Impersonation in the meaning of the Criminal Law Act 2018 should be read identically with that as used by site staff. The determination therefrom is clear evidence that the crime occurred and that the defendant is in fact responsible. This action continued past moderator intervention, with a later post by puppet 'Imperium Anglorum IV'. That nation was also deleted by moderators. Ex 2 infra. Complainant is the Delegate. The Delegate is a member of the government. Government Act 2017 passim. The provision quoted above therefore applies.

[4] Sentencing request. Claimant requests punishment consistent with the sentencing guidelines. Criminal Law Act 2018 s 2. The maximum sentence possible is a sentence of four months. Ibid s 6 (stating 'all offences under this section shall be punished with a ban not to exceed four months'). Under the interquartile range provisions, see ibid s 2(a), claimant prays for a ban of two months for both core nations identified by moderators in Ex 1 (Aryan Homeland and the Union of Scandinavia) and all other appropriate relief.

[5] Only the most serious of offences under this section merit a maximal sentence. Europe v Rivierenland [2020] Del 2, [12]; ibid [16]. A medium offence would be in the middle of the punishment range. Claimant submits that what occurred ought to be conceived of as a minor offence, but also that punishment should be enhanced due to the defendant's failure to heed warnings given by a member of the Moderation Committee. Ex 3–4. These factors in conjunction both diminish and enhance the ban, therefore meriting a ban of two months.

[6] Amendment (25 Jan 2021). Complainant recognises that the Union of Scandinavia has been banned and ejected under customary law on the lack of due process protections afforded to non-WA residents. To that end, complainant withdraws explicit prayer for a ban on that nation, without prejudice to the prayer for all other appropriate relief.

Imperium Anglorum
pro se

Ex 1. Moderators, NationStates (24 Jan 2021) .
Ex 2. Imperium Anglorum IV, NationStates (24 Jan 2021) .
Ex 3. St Scarlett, NationStates (24 Jan 2021) .
Ex 4. St Scarlett, NationStates (21 Jan 2021) .
 
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Imperium Anglorum

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This case, Imperium Anglorum v Aryan Homeland [2021] Del 1, has been assigned to the Home Secretary, Regnum Italiae, under the Judicial Assignment Order 2021, Imperium Anglorum (Delegate) having recused.
 

Regnum Italiae

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I formally accept the Judicial Assignment.
I've already notified the case to Aryan Homeland and I'm waiting for an answer.
 

Regnum Italiae

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The defendant was notified the trial and refused to set up a defence.

Hereby, I procede to express my judgement.

Considering 1) the proofs brought to us by the plaintiff, 2) the fact that the defendant refused to take part in this trial, 3) the fact that the defendat failed to comply to multiple warnings given to him by regional officers, and that 4) the site moderators already expressed their opinion on the violation of the rules on impersonation by reprehending the offender and deleting his alts; I think I have enough material to declate that the nation Aryan Homeland committed a violation under Section 6(a) of the Criminal Law Act 2018.

I, therefore, establish that a ban for the length of three month to be executed on Aryan Homeland for impersonation under Section 6(a) of the Criminal Law Act 2018.
 
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