Crim199-2

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============================== Docket Number: Crim199-2 - Rex v. Balak

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============================== Brief for the King, submitted by Niven

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The King's Brief for the prosecution of Balak for the Murder of Betina. Prepared by Private Niven.

On the 13th of Sojourn, 199 the mage Balak killed the Cleric Betina. Several hours prior to this incident Balak and Betina had been in the Green Griffin together. Balak, whom Betina did not previously know, touched her and attempted to wipe off some of her ceremonial body paint. He then tasted the paint and spit it out commenting on its bad taste. Betina took offense at this, slapped Balak, and left the Green Griffin. Via an announcement to the entire city, Balak then preceded to imply that Betina had asked Balak to suck her dick. Betina denied this statement, and the situation deteriorated into an argument before the entire city. Soon thereafter Balak announced to the entire city that he would buy Betina an ale in the spirit of apologizing for insulting her. Betina noted that he still had not actually apologized and she positioned herself so that she could blow a large snot wad on Balak in order to get back at him. Balak announced to the city what had happened, but did not make any comment that he was particular offended by the act. Without further conversation Balak sought out Betina. When he found her he offered her an ale, and Betina took the ale thinking that this was his apology. Instead he conjured up a lightning bolt and struck her with it. She was instantly killed. The actual murder was witnessed by the mage Volanthas.

The facts of the case are not in dispute. During his interview with the Justicars, Balak notes that he was joking around about Betina's "penis" and that "we all know she doesn't have one but yet she still took offense." When she blew snot on Balak he was "extremely offended," so he then "looked for her and shocked her till she was dead."

In his interview Balak noted that he felt that "[Betina] did insult [his] honor" and that he had a "legal right" to slay her because of her blowing snot on him. Clearly Balak is claiming the legal right of retaliation granted by Rex v. Bandle [citation omitted]. While he is correct that the Court has held in Bandle "that an insult to honor may, under certain circumstances, justify the killing of another, this principle is subject to strict limitations." (Rex v. Mabelrode, Crim195-3j) In Rex v. Mabelrode the Court clarified the Bandle decision by stating that "An insult to honor does not grant an unchallenged right to pursue and kill an individual..." The Court goes on to recognize that there are insults "so severe that it can be expected to have clouded an individual's thinking for an extended period of time." Only in those particular circumstances can one claim their right to retaliate some time after and in a different place than where the insult occurred.

Prior to killing Betina, Balak handed her an ale. It seems clear that this was in reference to his earlier comment about buying her an ale as an apology. That was a very clear headed thing to do in order to trick someone into thinking you are about to apologize in order to keep them from running away. It is not the type of thing that one who's thinking was clouded would do. In Mabelrode the Court rejects a defence based upon the right to retaliate because the attack to 'avenge honor' was "coldly calculated" (Rex v. Mabelrode). The Court goes on to say that such an attack "reeks of an unjustified killing rather than a killing after an insult to honor" (Rex v. Mabelrode).

The prosecution argues that Balak was clear headed at the time of the murder, and that he calculated his attack against the cleric Betina. Based on this conclusion the prosecution asks the Court to find Balak guilty of murder by the precedent set in Rex v. Mabelrode.

Respectfully Submitted by Private Niven, Justicar of Bilanx.

=========================================== Docket Number: Crim199-2 - Rex v. Balak

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============================== Brief for the Defense, submitted by Balak

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The entire prosecution of the murder is based on the witness Volanthas. This witness is entirely biased and therefore an unreliable witness. He said that he was very good friends with Betina and that is why he tried to defend her. His words to me was that I was in complete wrong. Obviously, his mind was clouded at the time and was set on revenge. His words are merely meant to try to repay me with injustice because he thought that Betina's death was unjust.

About whether my mind was clear or unclear, my mind was obviously angry, even furious at the fact that snot had covered my body. I thought I was doing her a favor before by wiping off some of the junk on her face.. She knew I thought it was unclean at the time. Yet she still covered me with her snot, fully aware that I would be offended at such things.

Balak

King's Bench of Sable

________________________                       ) Rex,                    ) )                       ) v.                      )       Crim199-2                        ) ) Balak,                 )       DECIDED: Dawn 14, 200 Defendant              )                        ) ________________________)

Charge:

Balak stands accused of the murder of Betina.

Findings of Fact:

During the month of Sojourn, 199 Balak attempted to wipe off Betina's ceremonial body paint. He then tasted the paint and spit it out commenting on its bad taste. Betina took offense at this, slapped Balak, and left the Green Griffin. Balak announced that Betina had asked Balak to suck her dick.

Balak soon announced that he would buy Betina an ale in the spirit of apologizing for insulting her. Betina noted that he still had not actually apologized and blew a large snot wad on Balak in order to get revenge. Balak took this as an insult, and he slew her.

Discussion:

Murder

The incidents of Balak insulting Betina would be sufficient to give Betina the right to slay Balak. However, she chose not to. She chose to slap him and move on with her life. Balak later offered an apology, and attempted to ameliorate the situation with a formal apology and an offer of ale as a symbol of his good faith.

At this point, LONG after Balak's original insult, Betina proceeded to cover Balak in a massive blob of vicous snot. This type of assault can only be performed in a very specific fashion in the kingdom of Sable, and thus there is NO DOUBT regarding her intent and the maliciousness thereof. It is also well known that such an act is a SERIOUS INSULT. An insult for which a long and protracted campaign of revenge would be allowed at law.

After being covered in snot, Balak's hunting down of Betina and killing her was completely justified in the eyes of the law. In fact, such an insult would have justifed an even longer campaign of hunting before actually slaying the perpetrator.

Contempt of Court

Balak's brief was a disgrace to this court. For someone of his stature in this realm, he should put forth greater effort in his submissions to the court or at least hire an attorney to represent him.

Holding:

Murder - Not Guilty

Contempt of Court - Guilty

Sentence:

Balak will pay a fine of 10 orb to the Justicars for contempt of Court. Payment is due by the first of Renascii.

Failure to pay will result in without a hearing.

By the Will of Bilanx - Judge of Sable