Username: cloudcait
Select the type of case you wish to file with the court:
CRIMINAL APPEAL
Defendant:
Patrick White [Ryazaki]
I. Statement of Claim
Mr White was arrested for a warrant on the 11th of October. He is facing 12 counts of Attempted Murder on a Protected Person with a Gang Enhancement as a result of a Armed Robbery of a Stockade with the Public Menace enhancement that occurred on the 19th of September 2023. The defence believes that the situation does not line up with the penal code's current definition of attempted murder and public menace.
The Definition of Attempted Murder: "Attempts to perform a premeditated killing of another person with malice."
The Definition of Aggravated Assault & Battery: "Uses violence to cause physical harm to another person with a weapon."
The Definition of Premeditated: "(of an action, especially a crime) thought about or carefully planned beforehand."
The Definition of the Public Menace enhancement: "Any person convicted of a serious felony who previously has been convicted of a serious felony is subject to an increase on their sentence per count of prior serious felony."
1. The defence claims that the prosecution does not have enough evidence to prove that this was premeditated.
2. The defence claims that Mr. White did not premeditate any of his actions on the 19th of September.
3. The defence claims that the act of robbing a stockade is simply too spontaneous to premeditate any murders.
4. The defence claims that the suspects of this robbery did not attempt to leave the tunnels after the police 'left' as they wanted to make sure the police were actually gone for their own safety, which they evidently weren't.
5. The defence claims that Patrick White's previous convictions aren't enough to charge him with the Public Menace enhancement.
Given the above statements, the charges of Attempted Murder x12 [PP, GE] are unjust and there isn't enough evidence to support this. The defence believes that Patrick White should instead have been charged with Aggravated Assault & Battery x12 [PP,GE]. We also strongly believe that the Public Menace enhancement for the Armed Robbery of a Stockade x1 [PM] should be removed.
We understand that in order for this enhancement to be used a judge does need to approve it however we urge you to reconsider based on his public arrest record that will be attached below. His last arrest prior to the 19th of September when this occurred was the 25th of August, almost a whole month beforehand, where he was charged with Possession of Extended Magazines x2, Aggravated Assault & Battery x1 [PP], Possession of Class 2 Weapon x1 and Possession of Class 3 Weapon x1.
II. Charge(s)
Patrick White:
Possession of Class 2 Weapon x1
Possession of Class 3 Weapon x1
Attempted Murder x12 [PP, GE]
Armed Robbery of a Stockade [PM]
III. Representative
Cait Dodger [cloudcait]
IV. Officers Involved
Only known officer is Alexandr Nolan (the arresting officer) as the defence never received a list of the officers involved.
V. Evidence
Patrick White's Charges
Public Arrest Warrant
Incident Report
Patrick's Public Arrest Record October-July
Patrick's Public Arrest Record May-April
Patrick's last and only conviction of Armed Robbery of a Stockade prior to the 19th September
VI. Actions Taken
Patrick White:
1898 Months
$35900 Fine
VII. Witnesses
The Defence is not calling any witnesses at this time; however, we reserve the right to add witnesses in the future until the Discovery period has ended.
Select the type of case you wish to file with the court:
CRIMINAL APPEAL
Defendant:
Patrick White [Ryazaki]
I. Statement of Claim
Mr White was arrested for a warrant on the 11th of October. He is facing 12 counts of Attempted Murder on a Protected Person with a Gang Enhancement as a result of a Armed Robbery of a Stockade with the Public Menace enhancement that occurred on the 19th of September 2023. The defence believes that the situation does not line up with the penal code's current definition of attempted murder and public menace.
The Definition of Attempted Murder: "Attempts to perform a premeditated killing of another person with malice."
The Definition of Aggravated Assault & Battery: "Uses violence to cause physical harm to another person with a weapon."
The Definition of Premeditated: "(of an action, especially a crime) thought about or carefully planned beforehand."
The Definition of the Public Menace enhancement: "Any person convicted of a serious felony who previously has been convicted of a serious felony is subject to an increase on their sentence per count of prior serious felony."
1. The defence claims that the prosecution does not have enough evidence to prove that this was premeditated.
2. The defence claims that Mr. White did not premeditate any of his actions on the 19th of September.
3. The defence claims that the act of robbing a stockade is simply too spontaneous to premeditate any murders.
4. The defence claims that the suspects of this robbery did not attempt to leave the tunnels after the police 'left' as they wanted to make sure the police were actually gone for their own safety, which they evidently weren't.
5. The defence claims that Patrick White's previous convictions aren't enough to charge him with the Public Menace enhancement.
Given the above statements, the charges of Attempted Murder x12 [PP, GE] are unjust and there isn't enough evidence to support this. The defence believes that Patrick White should instead have been charged with Aggravated Assault & Battery x12 [PP,GE]. We also strongly believe that the Public Menace enhancement for the Armed Robbery of a Stockade x1 [PM] should be removed.
We understand that in order for this enhancement to be used a judge does need to approve it however we urge you to reconsider based on his public arrest record that will be attached below. His last arrest prior to the 19th of September when this occurred was the 25th of August, almost a whole month beforehand, where he was charged with Possession of Extended Magazines x2, Aggravated Assault & Battery x1 [PP], Possession of Class 2 Weapon x1 and Possession of Class 3 Weapon x1.
II. Charge(s)
Patrick White:
Possession of Class 2 Weapon x1
Possession of Class 3 Weapon x1
Attempted Murder x12 [PP, GE]
Armed Robbery of a Stockade [PM]
III. Representative
Cait Dodger [cloudcait]
IV. Officers Involved
Only known officer is Alexandr Nolan (the arresting officer) as the defence never received a list of the officers involved.
V. Evidence
Patrick White's Charges
Public Arrest Warrant
Incident Report
Patrick's Public Arrest Record October-July
Patrick's Public Arrest Record May-April
Patrick's last and only conviction of Armed Robbery of a Stockade prior to the 19th September
VI. Actions Taken
Patrick White:
1898 Months
$35900 Fine
VII. Witnesses
The Defence is not calling any witnesses at this time; however, we reserve the right to add witnesses in the future until the Discovery period has ended.
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