Richardson v. Attorney General

Richardson v. Attorney General
Supreme Federal Court of the Arstotzkan Union
Submitted 21 July, 2024 Argued 28 July, 2024
Full case name	David Richardson et. al. v. The Attorney-General of the Arstotzkan Union
Citations	Richardson v. Attorney General SFCAU BCJ 1 A.U.L.R 3 (2024)
Claim	The Law and legal systems in place in the Independent Federal Republic of the Arstotzkan Union have no legal standing in International Law and no legal sovereignty in the exclusive jurisdiction of the claimed nation.
Holding
Pending hearing
Panel membership
Brinkman CJ
Case opinions

Richardson v. Attorney General 1 A.U.L.R. 3 [2024] is one of the largest landmark cases in the history of the legal system of the Arstotzkan Union. It arises from David Richardson who was arrested in late 2023 over a breach of Article 10, Section 2 of the Constitution of the Arstotzkan Union. On 13 December 2023, David Richardson was arrested for using a vape while at a house party in Unitya. He was arrested by an off-duty police officer who charged him with Contravention of a Statute under s 107 of the Crimes Act 2022.

David was subsequently taken to the Federal Territorial Court of the 1st Federal District Circuit in Unitya, Gollandiya Capitol Territory. He plead not guilty and was tried and convicted. He appealed his sentence to the Federal Court of Appeals which upheld the ruling by the Federal Territorial Court. He applied for a leave of appeal to the Supreme Federal Court and brought his case against the Attorney General. Chief Justice Ethan Brinkman agreed to hear the case.

Background

On the night of 13 December 2023, David Richardson was attending a house party on Union Drive in Unitya, Gollandiya Capitol Territory when he stepped out to have a smoke of his vape.

Vaping and smoking cigarettes are illegal in the Arstotzkan Union and have been outlawed since 2021. This outlaw was enacted by an Article of the Constitution created by First President Ethan Brinkman to stop members of the Arstotzkan Federal Government from engaging in the act while in government. Under Article 10, Section 2 of the Constitution of the Arstotzkan Union it states:

The use of tobacco or nicotine related products such as cigarettes, cigars or any vapour-based devices in our sovereign Republic shall be banned for the life of this Constitution. Prosecution shall be delivered by the proper Article of the Act of Assembly relating to the codified criminal law of the Independent Federal Republic of the Arstotzkan Union.

This act of vaping was seen by an off duty officer of the Arstotzkan Federal Police Service who quickly made a citizens arrest. David was taken to the Gollandiya Territorial Police Headquarters at the Arstotzkan National Military Operations Centre at People's Armed Forces Base: Fort Vulcan. He was charged with Contravention of a Statute, which is used by law enforcement when people commit acts against the Constitution that are not high level offences as the charge only carries a sentence of one year.

Several days later he was taken to the Federal Territorial Court of the 1st Federal District Circuit in Unitya where he plead not guilty. The court convicted him and he was sentenced to 6 months imprisonment. His lawyers then submitted an appeal to the Federal Court of Appeals. In their appeal they stated:

"The Laws that have been used to convicted my client are in violation of his rights set forth in the Bill of Rights Act 1990 of the sovereign state of New Zealand for which their laws apply in this jurisdiction. These convictions also violate my clients freedoms set forth in by the Universal Declaration of Human Rights, supposedly upheld by the 'Constitution' of this illegitimate nation."

Attorney-General Peter Gedye, agreed to hear the case in the Federal Court of Appeals. On 29 May 2024, Justice Peter Gedye, who heard the case upheld the decision of the Territorial Court and stated that due to the Montevideo Convention Adoption Act 2023, Declaration of Independence, Sovereignty and Freedom as well as Section 1 of the Constitution then the Arstotzkan Union is a legitimate state and has the responsibilities and duties to act as an independent state and for that reason any laws created, must be followed. He also proposed to the Federal Judicial Council, the question of whether the Arstotzkan Union respects the jurisdiction of New Zealand law in the Arstotzkan Union. Ethan Brinkman informed Peter that if David's lawyers submit a leave of appeal to the Supreme Federal Court he will hear the case.

On 10 June 2024, David's lawyer submitted a leave of appeal to the Supreme Federal Court to which Ethan accepted. He submitted the case to the court on 21 July 2024.