Ban Dispute (KeiwaM)

[Bertram Bech]

Punishment Type: Ban
Appeal Type: Dispute[Evidence]
Which staff member issued the punishment?: KeiwaM
How long were you banned/blacklisted for?: 1 Week

Your Steam Name: Bertram Bech
Your Roleplay Name: Bertram Bech
Your SteamID: STEAM_1:0:174440611

Why were you banned/blacklisted?: User failed to drop relevant items whilst under gunpoint after having scammed the person with the gun.

Why should this appeal be considered?: Hi I've found this clip of the situation where you can see that I did stop after getting shot at, realizing that. However, I had already stashed my bookshelves earlier, so I dropped my gas tank. I was about to tell him that it's the only thing I had on me, but before I had the chance to explain myself further, I was shot. So I couldn't really drop relevant items (7 Bookshelfs) while being held at gunpoint.

 

[Acerius]

Why did you drop the fuel can and then attempt to physgun it rather than explain yourself to the assailant? Saying "I had already stashed my bookshelves earlier so I dropped my gas tank" doesn't appear congruent with you about to die and being held at gunpoint.

 

[Bertram Bech]

Why did you drop the fuel can and then attempt to physgun it rather than explain yourself to the assailant? Saying "I had already stashed my bookshelves earlier so I dropped my gas tank" doesn't appear congruent with you about to die and being held at gunpoint.

I was just about to say that, but I was in quite a panic, so I just dropped the gas can to show him that it's the only thing I have on me.

 

[Acerius]

Was the base yours or his?

 

[Bertram Bech]

Was the base yours or his?

This was his base, I had been given keys and storage. And you can also see that I tried dropping the gas can three times before succeeding, which explains why I took me a while to respond

 

[Acerius]

After reviewing the footage you have provided and taking into consideration your responses to our questions, we have determined that you still broke 3.4 in this case. In addition we have also determined that you broke 3.18. We see @KeiwaM 's ban reasoning and determination to have been logically sound given the circumstances and the evidence he had before him, however we are cognizant of the fact that you need to understand more specifically why what you did was a break of 3.4.

For the sake of clarity, scamming other players in-character when the transaction does not include premium is perfectly allowed within the rules. However, with scamming someone comes an inherent risk, and the burden falls upon you to properly account for that risk and plan accordingly. It is absolutely clear here that you failed to sufficiently plan for the risk when scamming this individual.

You go to the victim's base in order to execute your scam with absolutely no means of defending yourself, committing to the scam even when it is clear that you have a long way to run on foot and you are not carrying any form of weapon on you to defend yourself with. While you do manage to get out of the base, the victim could have easily removed your keys and then you would have been stuck. It is also clear from your footage that as you leave the base, there is no vehicle nor backup to assist you in an escape.

It was an incredibly flawed and, quite frankly idiotic, plan from the start - doomed to fail. If you are going to scam someone you need to have a clear plan in-place for when the victim inevitably figures out what is happening.

In addition, the reason 3.18 comes into play is that aspect of risk and imminent danger. You decide to execute a scam and store your items in someone else's base, while they are armed, and you yourself are unarmed.

Furthermore we do not award your reasoning behind you dropping the fuel can and physgunning it as opposed to justifying yourself or doing anything else to prevent your clearly imminent death any merit.

Your ban will stay in-place, however the reason as to why you broke 3.4 will be amended to the following, along with the inclusion of 3.18:

"User did not properly account for the potential risk to their life in executing a scam against another player. The user went alone to the victim's base with no way of defending themselves in the event that the scam turned sour and had not given adequate thought as to their means of escape. Despite the odds being stacked against them the user still decided to store the items and execute the scam. The user's immediate reaction after they had clearly been bested was also not congruent with the requirement to do everything in their power to stay alive, resulting in their gruesome death."

Reviewed with @Collier. @Efan and @peeps