On 13th September 2022, Dawn-Michelle, a Divine sentient living woman of Soul who is the Executor of the Dawn Michelle Kelly Estate appeared in the Albany Magistrates Court by Divine Special Appearance not by way of General Appearance. This appearance was denied.
General Appearance: A general purpose appearance that waives a party’s ability later to dispute the courts authority to enter a binding judgment made him or her.
Special Appearance (18c): w. 1. A defendant’s pleading that either claims that the court lacks personal jurisdiciton over the defendant or ojgects to improper service of process. 2. A defendant’s showing up in court for the sole purpose of contesting the court’s assertion of person juridiction over the defendant.
Black’s Law Dictionary 11th Edition
MAGISTRATE D. SCADDAN
TRANSCRIPT OF PROCEEDINGS
AT ALBANY ON TUESDAY, 13 SEPTEMBER 2022, AT 10.53 AM
MR D. LOVEROCK appeared for the prosecution.
We were physically present in the court room with Magistrate Dianne SCADDAN presiding over the matter. We stated that we were there under duress and that we were the Executor for the Dawn Michelle Kelly Estate and made it abundantly clear that we were not the ‘Person’.
“Person”: Includes a corporation or association of persons.
Western Australian Constitution Act 1890 (UK);
Our Divine Special Appearance was ignored/denied and we were escorted out of the court room by a female security guard under duress and the Magistrate in our absence proceeded from section 55 to section 44 of the Criminal Proceedure Act 2004 (WA) as a non-appearance. This resulted in a hefty summary judgement that is enforced by the Fines Enforcement Registry (FER).
We appealed this decision in the Supreme Court and won.
CRIMINAL PROCEDURE ACT 2004 – SECT 55
55 . No appearance by accused and no plea of guilty
(1) This section applies if on a court date for a charge the prosecutor appears and the accused does not and the accused has not pleaded guilty to the charge, whether orally or by means of a written plea.
(2) If on the court date the court is satisfied that the accused has been served under this Part with the prosecution notice containing the charge and a court hearing notice, or an approved notice, notifying the accused of that date and that the court may deal with the charge in the accused’s absence if the accused does not appear on that date, the court may
(a) adjourn the charge; or (b) hear and determine the charge in the accused’s absence.
[(3) deleted]
(4) If under subsection (2) or section 51(8)(a) the court decides to hear and determine the charge in the accused’s absence and the prosecution notice is signed by a person who in the notice purports to be a person acting under section 20(3), the court —
(a) must presume, in the absence of evidence to the contrary —
(i) that the prosecution notice was signed by a person who was acting under section 20(3); and
(ii) that the person had the authority to sign the prosecution notice; and
(b) may take as proved any allegation in the prosecution notice containing the charge that was served on the accused.
(5) If under subsection (4) the court convicts the accused —
(a) the prosecutor must state aloud to the court the material facts of the charge; and
(b) section 129(4) applies; and
(c) in the absence of evidence to the contrary, the court must take as proved any facts so stated.
CRIMINAL PROCEDURE ACT 2004 – SECT 44
44 . Disclosure/committal hearing, procedure on
(1) At a disclosure/committal hearing in relation to a charge, the court must —
(a) if satisfied that the prosecutor has complied with section 42 —
(i) require the accused to plead to the charge; and
(ii) commit the accused for sentence or trial, as the plea requires, to a superior court with jurisdiction to deal with the charge; and
(iii) comply with subsection (2);
(b) if not so satisfied —
(i) adjourn the charge to another disclosure/ committal hearing on a new court date that allows a reasonable time for the prosecutor to comply with section 42; and
(ii) order the prosecutor to comply with section 42 before that new court date; and
(iii) if the prosecutor does not obey the order, adjourn the charge again or dismiss it for want of prosecution.
(2) As soon as practicable after committing the accused for sentence or trial to a superior court under subsection (1), the court of summary jurisdiction must —
(a) give the superior court a copy of —
(i) the prosecution notice containing the charge and the information recorded under section 47(1); and
(ii) any remand warrant for the accused; and
(iii) any witness documents for the charge; and
(iv) any order made under section 138; and
(v) any other document prescribed; and
(b) if necessary, comply with the Bail Act 1982 section 27; and
(c) give the relevant authorised officer a copy of —
(i) all documents that it has sent to the superior court under paragraph (a); and
(ii) any bail documents for the accused.
Justice Vandongen stated in his conclusion that “the magistrate erred in entering judgments of conviction against the appellant pursuant to s 55 of the Criminal Procedure Act 2004 (WA)”.
Err: be mistaken or incorrect
“The judgments of conviction entered against the appellant on 13 September 2022 are set aside“.
Set Aside: To cancel, annul, or revoke a judgment or order.
“The case is to be dealt with again by the Magistrates Court, constituted by a different magistrate”.
If a magistrates decision is challenged by way of a supreme court appeal process and the appeal is won then the Magistrate that presided over your case can never preside over any matter relating to you.
https://www.supremecourt.vic.gov.au/about-the-court/how-the-court-works/glossary
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