In the arena of the Perth Magistrates Court, on Wednesday 26th June 2024, we presented to the bench as the woman, the Executor and Beneficiary of the named Estate in trust. We stated that we were there out of necessity, under duress and with threats of malice.

When the Magistrate attempted to coerce a plea from the ‘accused’, we stated the we acted in the capacity of fiduciary and required the Magistrate to define the word plea as it didn’t appear to be in the Criminal Procedures Act 2004 (WA).

The Magistrate acknowledged that we were there under duress and entered the plea without our written or expressed consent acting contra to the rules of the Corporations Act 2001 (Cwth).

The Criminal Procedures Act states that it is “An Act to provide procedures for dealing with alleged offenders and for related matters”.

If we were required to enter a plea, the word plea needs to be defined so that we can make an informed decision. There must be openness and transparency otherwise deception and fraud is a party to the matter in contract.

The Magistrate could not define the word plea and instead cited section 126 of the Criminal Procedures Act 2004.

Division 2 — Pleas and related matters

126.Pleas available to charges

(1)If under this Act an accused may or must plead to a charge, the accused may —

(a)plead that the court does not have jurisdiction to deal with the accused or the charge;

(b)plead that the offence charged is not an offence under any of the provisions referred to in the Criminal Code Act 1913 section 4; (Term used: attempt to commit offence)

(c)plead that the accused has a defence to the charge under The Criminal Code section 17; (Previous conviction or acquittal a defence)

(d)plead not guilty of the charge on account of unsoundness of mind under The Criminal Code section 27; (Insanity)

(e)plead not guilty to the charge;

(f)plead guilty to the charge or, with the prosecutor’s consent, to some other offence of which the accused might be convicted instead of the charge….

The ‘accused’ is defined in the Criminal Procedures Act as a person alleged in a prosecution notice or indictment to have committed an offence;

A person is defined in the interpretation act 1984 WA as – any word or expression descriptive of a person includes a public body, company, or association or body of persons, corporate or unincorporate;

plea (n.)

early 13c., ple, “lawsuit, legal conflict,” also “strife, contention, complaint,” from Anglo-French plai (late 12c.), Old French plait “lawsuit, decision, decree” (9c.), from Medieval Latin placitumplactum “lawsuit,” in classical Latin, “opinion, decree,” literally “that which pleases, thing which is agreed upon,” properly neuter past participle of placere “to please, give pleasure, be approved” (see please).

The sense development seems to have been from “something pleasant,” to “something that pleases both sides,” to “something that has been decided.” Meaning “an entreaty, a pleading, an argument in a suit” is attested from late 14c. Plea-bargaining is attested by 1963. Common pleas (early 13c.) originally were legal proceedings over which the Crown did not claim exclusive jurisdiction (as distinct from pleas of the Crown “public prosecution in criminal cases”); later “actions brought by one subject against another.”

Plea – Cambridge dictionary

plea noun (REQUEST)

An urgent and emotional request.

The Magistrate upon entering a plea on the behalf of the Beneficiary and the Executor of the Dawn Michelle Kelly Estate named in trust is acting in fraud and deception. The entrapment and demand of the court to participate in fraud without the clarity of the terms and conditions of entering a verbal contract is the crime!

Was the Magistrate in breach of his duty and should he be held accountable? Yes, absolutely.

Criminal Code Act Compilation Act 1913s.445A.Breach of s.444A duty

A person who unlawfully omits or refuses to do any act which it is the person’s duty to do under section 444A is guilty of a crime, and is liable to imprisonment for 15 years.

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