HIGH COURT OF THE SOUTH PACIFIC
[2210.HC] KRIS KRINGLE V. CURLYHOWARD
SUBMISSION 03 NOVEMBER 2022 | PROBABLE CAUSE 05 NOVEMBER 2022 | VERDICT 10 NOVEMBER 2022 | SENTENCING 17 NOVEMBER 2022
Sentance for Curlyhoward Imposed
Whereas this Court has found Curlyhoward guilty of Corruption and released a proposed sentence for consideration by interested parties, the Court received one comment related to the sentence. The only comment, made by the defendant, Curlyhoward, requested that their sentence be “time served,” with their justification being that their regional officer power had already been removed. The Court has considered the request and will now issue its opinion.
The judicial powers of the South Pacific, though seldom used (as it relates to Criminal Cases), is a powerful tool to ensure the community follows the agreed-upon rules in order to ensure good faith discourse within the region. Accordingly, the Court seriously considers all such actions brought before it, and, in particular, the Court takes the sentencing process in Criminal Cases very seriously. The sentencing process is the final step before a defendant potentially loses their ability to freely participate in the community for a set duration. Therefore, it is imperative that justice be done to those affected by unlawful behavior, and that the defendant receives a sentence not overly burdensome in relation to the crime they committed.
Curlyhoward, in committing the crime they are convicted of, was able to secure a personal advantage over other members of the region by using their regional officer powers in a way that they were not intended to be lawfully used. Therefore, it makes logical sense for the proposed sentence to be the removal from consideration for the post they would have attained with or without the use of unlawful use of regional officer powers; hence the Court disallowing the defendant’s ability to hold office that allows access to a regional officer spot.
Curlyhoward contends that the mere removal of their regional officer powers for the term they were currently in is enough of a punishment. The Court disagrees for two reasons:
-
First, it was the Cabinet, not the Court, that ordered the removal of their regional officer status. Had the Court ordered such an action be undertaken, perhaps this argument could possess more weight, but the Court must issue justice independent of an order by the Cabinet, which can be repealed at will.
-
Second, as has been thoroughly explained in the verdict and sentencing process, a “time served” sentence does not adequately cover the damage done by the defendant during the election process. Curlyhoward’s actions manipulated the Local Council election in their favor, and the upcoming term for which they would benefit has yet to begin. In this case, a “time served” sentence would amount to a slap on the wrist.
It is for these two reasons that the Court must reject the request made by Curlyhoward. Now, the Court must now deliver the final sentence for the charge of Corruption.
The official sentence is as follows:
The Court has notified the relevant officers and personnel so that the sentence might be imposed.
Let this serve as a reminder to all members of the region that no one person is above the law, and ignorance of the law is not an excuse for violating it.
It is so ordered.