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IN THE WIZENGAMOT

CRIMINAL DIVISION

DEPARTMENT OF MAGICAL LAW ENFORCEMENT

LONDON

WEDNESDAY, 17th JULY 1982

B e f o r e:

CHIEF WARLOCK MINISTER MILLICENT BAGNOLD

SIRIUS ORION BLACK

- V -

LILY JAMES POTTER

Mr. Albus Percival Wulfric Bryan Dumbledore appeared on behalf of the (now deceased) applicant

 

 

J U D G E M E N T

 

CHIEF WARLOCK MILLICENT BAGNOLD:

 

1)   On 17th July 1982, in the Wizengamot before the Chief Warlock, the defendant Sirius Orion Black was convicted of murder by joint enterprise by a majority verdict. He is hereby sentenced to life imprisonment in Azkaban with a minimum imprisonment of 14 years (less than 395 days spent on remand). 4 co-defendants were also convicted of murder, including the principle offender (currently absconding) Tom Marvolo Riddle.

2)   The deceased, Lily James Potter, was subject to the Avada Kedavra spell (Listed under section 3 of the Dark Magic as an ‘Unforgivable Curse’) at 23:00pm GMT on Monday, October 31st 1981, at Godric’s Hollow, after a brief confrontation between herself and the principle offender, Tom Marvolo Riddle.

3)   Mr.Riddle was seen entering the premises at Godric’s Hollow at 22:36pm GMT on the same day by witness Bathilda Bagshot, who gave evidence before the jury. Ms. Bagshot saw two successive flashes of green light, separated by approximately 10 minutes. During the interim she gave evidence of a shrill cry (believed to be that of the deceased’s), stating “Not Harry, please not Harry…kill me instead,” followed by a man’s laughter (believed to be that of the principle offender’s)

4)   The jury found Ms.Bagshot’s evidence to fulfill the requirements of causation for the crime of murder, “an unlawful, premeditated killing of one witch or wizard by another,” (as stated in the Dark Magic Act 1851)

5)   The claimant’s counsel gave evidence of a Fidelius charm used as protection against the principle perpetrator, and further evidence that the defendant, Mr.Black, was the Secret Keeper of the aforementioned charm. This was the pivotal ground based on which on which Mr.Black was found guilty. Evidence of joint criminal enterprise was found as opposed to merely aiding and/or abetting the crime of murder based on evidence that the participant, Mr.Black, shared the purpose and conspired with the principle offender to commit it. 

6)   The defendant raised one ground of appeal, that of hearsay evidence via the second witness and counsel for the deceased, Albus Dumbledore. It was submitted that this evidence was admissible under section 6(1) a) and b) of the Wizengamot Charter of Rights. This was a matter of considerable importance that was the core of the defence’s case, namely to rectify a false fact, however the onus was on the defence to do so and he did not raise evidence of substantial probative value to his benefit.

7)   The defence raised a second ground of appeal- that of a lack of mens rea for murder. The Chief Warlock took into account the evidence of friendship between the deceased and the defendant, including a letter written by the deceased signed ‘Lots of Love,’ which stipulated an exchange of gifts between the defendant and the deceased’s son. The Chief Warlock ruled this non-admissible as well, as under the normal principles of joint enterprise liability, the liability is collectively held by all participants.

8)   For these reasons, the defendant is found guilty of joint enterprise murder. 

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