Crim238-3

====================================================  Docket Number: Crim238-3p - Rex vs Nazon Rex vs. Chass Rex vs. Lorelyn

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======================================= Brief for the King, submitted by Private Celetorin

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=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=                 King's Brief for the Prosecution of    Nazon      for Murder of Arethesus Voluntary Manslaughter of Piscus Voluntary Manslaughter of Reykon Chass     for Aiding and Abetting Nazon in                  Murder of Arethesus Voluntary Manslaughter of Piscus Voluntary Manslaughter of Reykon Lorelyn   for Aiding and Abetting Nazon in                  Voluntary Manslaughter of Reykon =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

Somewhere between Tempest and Solaria 235, the young mage Lorelyn and a friend were in the Sablean sewers and were attacked by the salamae cleric Arethesus. Lorelyn contacted the Justicars about in on Twilight 19th, 235, and after a short investigation, Arethesus was fined 500 slag for "Assault with the intention to harm" by Justicar Celetorin.

Arethesus wasn't happy about this fine and shortly after that fine, he confronted Lorelyn in the Green Griffon about her contacting the Justicars. He started cursing, yelling and insulting Lorelyn. He was joined by his friend, the fighter Piscus.

Lorelyn was frightened by Arethesus' behaviour and asked her Mentor, Elder Nazon for help. Nazon arrived in the tavern, confronted Arethesus and was called a "moron" by Arethesus.

Arethesus and Piscus challenged Lorelyn for a dome fight, but Nazon insisted on an honour duel with Arethesus which the cleric declined. Several people in the tavern became involved and tried to calm down the fight. Among them was the mage Chass, who took Arethesus to a table and tried to avoid bloodshed.

After a while, Arethesus, Piscus and a further friend Reykon gathered at a table, and debated how they could get out of the tavern alive.

Nazon misinterpreted the situation: He believed that the three people were plotting to kill his Mentee Lorelyn.

After about an hour, Arethesus, Piscus and Reykon left the table, had a couple of words with Lorelyn, yet didn't really interact with Nazon. Shortly thereafter, they left the tavern.

Nazon, Chass and Lorelyn followed led by Nazon, and Nazon attacked Arethesus. Chass joined the fight soon afterwards, and Arethesus was killed.

After Arethesus was killed, Piscus attacked Nazon. Nazon and Chass retaliated and killed Piscus.

Reykon was confused by the situation, didn't know that Arethesus and Piscus were dead, and backstabbed Nazon hoping to help his friends. He was attacked by Nazon, Chass and Lorelyn. Chass immediate left the fight, because he "knew he [Reykon] probably wouldn't survive his attack.. He was kind of acting nobly..  Trying to avenge his two friends and such.".

Finally, Nazon and Lorelyn killed Reykon.

They took the equipment of all three of them, and gave it to the Fighters' and Clerics' guilds.

Discussion of the Crimes involved:

The Justicars firmly state that they do not believe that Nazon's attack is justified in analogy of Rex vs Bandle: Although Nazon was insulted by Arethesus by the word "moron", this insult was hardly enough to justify a lethal attack, and there was a period of at least one hour between the insult and the attack.

Although, technically, Piscus and Reykon attacked Nazon, the Justicars see in their attacks immediate responses to Nazon's illegal attack on Arethesus. So, actions against Piscus and Reykon are not justified as being self-defense.

Therefore, their deaths are the immediate consequence of Nazon's actions and the latter (and the people aiding him) are to be held responsible for it. Of course, since Nazon never actively intended to harm Piscus and Reykon before they attacked him, his deed cannot be considered as Murder, but should be considered as Voluntary Manslaughter instead.

Recommendations:

The Justicars would like to add a couple of facts that might be counted in favour of Nazon:

He did believe that he was protecting his Mentee, he confessed to his crime, he fully cooperated with the Law, and he made sure that the equipment of his victims got brought to the respective guilds.

If Nazon's attack on Arethesus was not justified, then also Chass' and Lorelyn's actions against Arethesus, Piscus and Reykon are not justifiable by the fact that they were helping a friend.

But Chass tried to avoid bloodshed by trying to calm down Arethesus in the tavern, and he fully cooperated with the legal authorities.

Lorelyn was person mainly addressed by Arethesus in the tavern, and she did have reason to believe that her life was endangered, having been assaulted by Arethesus before. In addition to that she fully cooperated with the authorities as did the others.

Therefore the actions of Nazon, Chass and Lorelyn are to be seen with leniency. We recommend that Nazon and Chass be fined in the lower range of the fines for the crimes in question. We recommend special leniency for Lorelyn in this case for the reasons mentioned.

In addition to that, Chass stopped his attack on Reykon immediately for honourable reasons. Therefore, the Justicars suggest special leniency for his actions against Reykon case as well.

No brief on record.

________________________                       ) Rex,                    ) )                       ) v.                      )       Crim238-3                        ) )      DECIDED: Solaria 23, 239 Nazon,                  ) Chass,                 ) Lorelyn                 ) ________________________)

Plenary Judgment:

Case dismissed on the grounds of pari delicto (in equal fault, in a similar offense or crime; equal in guilt of in legal fault). The victim was equal in fault and blame to the defendants. One cannot benefit from their own "unclean hands."