The Federation of Ascenia v. Xolar Xar'noth/Sentencing

On December 4, 2282, Xolar Xar'noth was sentenced to a term of life imprisonment plus 163 years consecutively. Xar'noth was convicted of ten out of the twenty offenses alleged by the Federation. Had he been convicted of every offense, he would have potentially been subject to a maximum term of three sentences of life imprisonment and a total of 289 years consecutively.

Sentencing Document
DECEMBER 4, 2282 CASE NO. SCJ-23041021-0492F [2282]

SUPREME COURT OF JUSTICE THE CITADEL, EUGIZIM FEDERATION OF ASCENIA

FEDERATION OF ASCENIA, PLAINTIFF v.       XOLAR XAR'NOTH, DEFENDANT

APPEARANCES Daya Rakkam and Lars Ostvanger for the Federation Defendant in person Sarlan Sa'noth and Roman Fyrewood for the Defendant

FINAL JUDGEMENT AND SENTENCING REMARKS

1. Xolar Xar'noth, you are hereby stated to be sentenced today on the following offenses against the people of the Federation - spacecraft hijacking resulting in death under Article 522 of the Criminal Code, spacecraft hijacking resulting in grievous bodily harm and injury in violation of Article 523 of the Criminal Code, grand theft of explosive devices in violation of Article 714 of the Criminal Code, unlawful possession of an explosive, radiological, or chemical device in violation of Article 722 of the Criminal Code, organized piracy in violation of Article 1104 of the Criminal Code, unlawfully conducting transactions of weapons in violation of Article 1018 of the Criminal Code, unlawful transaction of stolen cargo in violation of Article 1022 of the Criminal Code, unlawful transaction of weapons in violation of Article 1032 of the Criminal Code, grievous bodily harm during hijacking resulting in death in violation of Article 525 of the Criminal Code, and gross interference with interstellar trade in violation of Article 22 of the Criminal Code. Your remaining charges, as determined by the jury, shall be dismissed.

2. On each of the eight offenses you have been convicted of, out of nineteen charged by the Federation, the jury have returned a unanimous and guilty verdict. These eight offenses are here before the court for sentencing.

SENTENCING ORDER

1. On Offense 1, spacecraft hijacking resulting in death in violation of Article 522 of the Criminal Code, based on the verdict of the jury finding you guilty of intentional spacecraft hijacking resulting in death, it is the solemn and sworn judgement of the Court that you hereby stand convicted of this offense. Offense 2 shall remain unmodified as it is considered a mitigating violation of Article 522, and it is the solemn and sworn judgement of the Court that you hereby stand convicted of this offense. As sentence for Offense 1, you are hereby committed to the Citadel Department of Corrections for a period of time to not exceed the natural span of your life and a fine of 500,000 credits shall be accordingly imposed. As sentence for Offense 2, you are hereby committed to the Citadel Department of Corrections for a period of time to not exceed 20 years and a fine of 250,000 credits shall be accordingly imposed.

2. On Offense 4, grand theft of explosive devices in violation of Article 714 of the Criminal Code, based on the verdict of the jury finding you guilty of grand theft of explosive devices, it is the solemn and sworn judgement of the Court that you hereby stand convicted of this offense. As sentence for Offense 4, you are hereby committed to the Citadel Department of Corrections for a period of time to not exceed 10 years and a fine of 25,000 credits shall be accordingly imposed.

3. On Offense 7, unlawful possession of an explosive, radiological, or chemical device in violation of Article 722 of the Criminal Code, based on the verdict of the jury finding you guilty of unlawful possession of an explosive, radiological, or chemical device, it is the solemn and sworn judgement of the Court that you hereby stand convicted of this offense. As sentence for Offense 7, you are hereby committed to the Citadel Department of Corrections for a period of time to not exceed 8 years and a fine of 10,000 credits shall be accordingly imposed.

4. On Offense 10, organized piracy in violation of Article 1104 of the Criminal Code, based on the verdict of the jury finding you guilty of organized piracy, it is the solemn and sworn judgement of the Court that you hereby stand convicted of this offense. As sentence for Offense 10, you are hereby committed to the Citadel Department of Corrections for a period of time to not exceed 25 years and a fine of 500,000 credits shall be accordingly imposed.

5. On offense 11, unlawfully conducting transactions of weapons in violation of Article 1018 of the Criminal Code, based on the verdict of the jury finding you guilty of unlawfully conducting transactions of weapons, it is the solemn and sworn judgement of the Court that you hereby stand convicted of this offense. As sentence for Offense 11, you are hereby committed to the Citadel Department of Corrections for a period of time to not exceed 15 years and a fine of 100,000 credits shall be accordingly imposed.

6. On offense 15, unlawful transaction of stolen cargo in violation of Article 1022 of the Criminal Code, based on the verdict of the jury finding you guilty of unlawfully transacting stolen cargo, it is the solemn and sworn judgement of the Court that you hereby stand convicted of this offense. As sentence for Offense 15, you are hereby committed to the Citadel Department of Corrections for a period of time to not exceed 10 years and a fine of 75,000 credits shall be accordingly imposed.

7. On offense 16, unlawful transport of weapons in violation of Article 1032 of the Criminal Code, based on the verdict of the jury finding you guilty of unlawful transport of weapons, it is the solemn and sworn judgement of the Court that you hereby stand convicted of this offense. As sentence for Offense 16, you are hereby committed to the Citadel Department of Corrections for a period of time to not exceed 15 years and a fine of 125,000 credits shall be accordingly imposed.

8. On offense 18, grievous bodily harm during hijacking resulting in death in violation of Article 525 of the Criminal Code, based on the verdict of the jury finding you guilty of grievous bodily harm during hijacking resulting in death, it is the solemn and sworn judgement of the Court that you hereby stand convicted of this offense. As sentence for Offense 18, you are hereby committed to the Citadel Department of Corrections for a period of time to not exceed the natural span of your life and a fine of 500,000 credits shall be accordingly imposed.

9. On offense 20, gross interference with interstellar trade in violation of Article 22 of the Criminal Code, based on the verdict of the jury finding you guilty of committing gross interference with interstellar trade, it is the solemn and sworn judgement of the Court that you hereby stand convicted of this offense. As sentence for Offense 20, you are hereby committed to the Citadel Department of Corrections for a period of time to not exceed 35 years and a fine of 500,000 credits shall be accordingly imposed.

10. The offenses mentioned above shall run consecutively pursuant to Article 197(a) of the Federation Rules of Criminal Justice. You are to be placed under the custody of the Citadel Department of Corrections for a total term of imprisonment not to exceed two times the span of your life and one-hundred and sixty three years. You are further subject to a fine of 2,585,000 credits that are to be paid before the end of your incarceration.

11. As you were deemed not guilty of the remaining offenses, they are to be dismissed by the Court and you are to stand acquitted of them. The dismissal of these offenses shall not in any way affect your outstanding conviction.

SENTENCING REMARKS AND DECISION

On January 15, 2219, the Federation of Ascenia's Sentencing Guidelines were promulgated before this Court with the intention of "providing a punishment that is just and thusly serves both victims and defendants of society alike." (Federation v. Jan Jehet, 2219).

FACTUAL BACKGROUND I. SPACECRAFT HIJACKING RESULTING IN DEATH 1. On or around February 8, 2258, you, knowingly, with a depraved mindset and with the obvious intention of seizing control of a spacecraft that you had no legal right to possess (Article 522(a), (b), (b)(i)), illegally and unlawfully seized control of the ATS Pauldron, a registered ship for trade per Article 55(a) of the Trade Code of the Federation of Ascenia, that had been operating in the Eugizim system at the time. 2. On or around February 8, 2258, you, knowingly, with a depraved mindset and with the obvious intention of causing extreme risk or reckless endangerment to sentient life (Article 522(d)(i)), illegally and unlawfully seized control of the ATS Pauldron, and in doing so caused serious risk to sentient life. 3. On or around February 8, 2258, you, knowingly, with a depraved mindset and with the obvious intention of causing the death of another sentient lifeform under Article 522(e), illegally and unlawfully stabbed John Bennett, the registered captain of the ATS Pauldron per Article 72(d) of the Trade Code of the Federation of Ascenia, that had been operating in the Eugizim system at the time. 4. You stabbed him in the throat, and did so with the full and clear understanding that doing so would have and would have been the proximate cause of the victim's death. You did not feel regret or remorse. 5. Pursuant to Article 82 of the Criminal Code, any crime that causes death may be charged on its own right or may be jointly charged with a separate crime. For the unlawful and depraved mindset killing of John Bennett, you, by the decision of the jury, are hereby convicted of spacecraft hijacking resulting in death.

II. SPACECRAFT HIJACKING RESULTING IN GRIEVOUS BODILY INJURY 1. On or around February 8, 2258, you, knowingly, with a depraved mindset and with the obvious intention of seizing control of a spacecraft that you had no legal right to possess (Article 522(a), (b), (b)(i)), illegally and unlawfully seized control of the ATS Pauldron, a registered ship for trade per Article 55(a) of the Trade Code of the Federation of Ascenia, that had been operating in the Eugizim system at the time. 2. On or around February 8, 2258, you, knowingly, with a depraved mindset and with the obvious intention of causing the death of another sentient lifeform under Article 522(e), illegally and unlawfully stabbed Chris Stevens, a registered crewmember of the ATS Pauldron per Article 99(d) of the Trade Code of the Federation of Ascenia, that had been operating in the Eugizim system at the time. 3. You stabbed Mr. Stevens in the stomach when he refused to obey you, and in doing so demonstrated a clear and complete lack of remorse with the intent of causing death or severe bodily injury. 4. Pursuant to Article 82(b) of the Criminal Code, any crime that causes grievous bodily harm may be charged on its own right or may be jointly charged with a separate crime. For the unlawful and depraved mindset injury of Chris Stevens, you, by the decision of the jury, are hereby convicted of spacecraft hijacking resulting in grievous bodily injury.

III. UNLAWFUL POSSESSION OF AN EXPLOSIVE, RADIOLOGICAL, AND CHEMICAL DEVICE 1. On or around February 8, 2258, you, knowingly, with a depraved mindset and with the obvious intention of seizing control of a spacecraft that you had no legal right to possess (Article 522(a), (b), (b)(i)), illegally and unlawfully seized control of the ATS Pauldron, a registered ship for trade per Article 55(a) of the Trade Code of the Federation of Ascenia, that had been operating in the Eugizim system at the time. 2. On or around February 8, 2258, you, in the course of your illegal hijack and seizure of the ATS Pauldron, threatened that you would detonate a high-yield explosive device on the ship. You mentioned that "I will blow this motherfucker up if you goddamn cunts don't do what I fucking say." You threatened to use an explosive, radiological, and chemical device which you had no legal right to possess. 3. You did not and do not have any legal right to possess the explosive which you threatened the crew of the ship with. 4. For the unlawful possession of an explosive, radiological, and chemical device, you, by the decision of the jury, are hereby convicted of that offense.

IV. ORGANIZED PIRACY 1. On or around February 8, 2258, you were a member of an organization, the Crimson Eyes, legally considered an interstellar pirate group under Article 1104(a) of the Criminal Code. 2. You were a member of the Crimson Eyes despite knowingly and consciously abetting or otherwise aiding the group in its activities. Furthermore, you were the leader of the organization under Article 1104(b)(iii) of the Criminal Code. 3. For being a member of an unlawful organized piracy group, you, by the decision of the jury, are hereby convicted of that offense.

V. UNLAWFULLY CONDUCTING TRANSACTIONS OF WEAPONS

VI. UNLAWFUL TRANSACTION OF STOLEN CARGO

VII. UNLAWFUL TRANSPORT OF WEAPONS

IX. GRIEVOUS BODILY HARM DURING HIJACKING RESULTING IN DEATH

X. GROSS INTERFERENCE WITH INTERSTELLAR TRADE

XI. CONCLUSION

Final Sentencing Document
DECEMBER 4, 2282 CASE NO. SCJ-23041021-0492F [2282]

SUPREME COURT OF JUSTICE THE CITADEL, EUGIZIM FEDERATION OF ASCENIA

FEDERATION OF ASCENIA, PLAINTIFF v.       XOLAR XAR'NOTH, DEFENDANT

APPEARANCES Daya Rakkam and Lars Ostvanger for the Federation Defendant in person Sarlan Sa'noth and Roman Fyrewood for the Defendant

SENTENCING DOCUMENT

The defendant, Xolar Xar'noth, pleaded NOT GUILTY to counts 1 through 19 of the Criminal Complaint by the Federation. The defendant was hereby found GUILTY of these offenses by the jury: OFFENSES OF CONVICTION

a) Criminal Code - Article 522: Spacecraft hijacking resulting in death b) Criminal Code - Article 523: Spacecraft hijacking resulting in grievous bodily harm and injury c) Criminal Code - Article 714: Grand theft of explosive devices d) Criminal Code - Article 722: Unlawful possession of an explosive, radiological, or chemical device e) Criminal Code - Article 1104: Organized piracy f) Criminal Code - Article 1018: Unlawfully conducting transactions of weapons g) Criminal Code - Article 1022: Unlawful transaction of stolen cargo h) Criminal Code - Article 1032: Unlawful transaction of weapons i) Criminal Code - Article 525: Grievous bodily harm during hijacking resulting in death j) Criminal Code - Article 22: Gross interference with interstellar trade

2. Accordingly, the defendant was hereby found NOT GUILTY of the remaining offenses by the jury.

3. Accordingly, the following charges listed in the Criminal Complaint are hereby dismissed against the defendant and they shall be sentenced for the remaining offenses.

CRIMINAL PENALTIES

The defendant is hereby committed to the Citadel Department of Corrections for a total term of:

Offense 1: Life. Offense 2: 20 years consecutive. Offense 3: 10 years consecutive. Offense 4: 8 years consecutive. Offense 5: 25 years consecutive. Offense 6: 15 years consecutive. Offense 7: 10 years consecutive. Offense 8: 15 years consecutive. Offense 9: Life. Offense 10: 35 years consecutive.

The defendant shall remain in the custody of the Citadel Department of Corrections until the termination of their sentence.

/s/