Background
The case concerned four Albany-based traffic charges (AL 2104-2106 & 2112 of 2022) brought by the Western Australia Police against Dawn Michelle Kelly.
The prosecution alleged that Ms Kelly had driven a white Holden Commodore bearing imitation “PRIVATE” plates without a driver’s licence and later failed to surrender that vehicle for impoundment under section 79BA of the Road Traffic Act 1974 (WA).
The matter originated in the Albany Magistrates Court before Magistrate Scaddan, who refused to accept a valid medical certificate that had been filed to excuse attendance. This refusal ultimately became the subject of an appeal to the Supreme Court in Kelly v Osborne [2024] WASC, where Dawn successfully challenged the procedural fairness of that decision. The Supreme Court outcome marked an early victory, recognising that the Magistrate had acted incorrectly in denying the medical evidence.
Following the remittal of the case, the trial was transferred to the Perth Magistrates Court, where Dawn continued to self-represent, maintaining throughout that the State had failed to establish both lawful authority and positive identification of the alleged driver.
The Trial
Proceedings stretched across six sittings – 26 June 2024, 27 August 2024 (Form 6 arguments), and 25–26 November 2024 – before Magistrate G. Randazzo. The prosecution relied primarily on police body-worn-camera footage from several officers – Osborne, Nelson, Henderson, and Nuttall – together with two “certificates of evidence” issued by the Department of Transport.
Prosecution Case
Senior Constable Duckett argued that the four-second dash-camera clip of a woman driving resembled Ms Kelly – same slim build, hairstyle, and posture – and that officers who had previously dealt with her could identify her “unequivocally.”
The State also claimed that the same white Holden Commodore was later seen outside an address where Dawn was located, and that this justified service of a surrender notice under s 79BA.
Key Legal Issue
The pivotal question was identity – could the prosecution prove, beyond reasonable doubt, that Dawn Michelle Kelly was the driver? Magistrate Randazzo repeatedly pressed the prosecution on the absence of a full facial view, lack of registration evidence, and the uncertain legal meaning of “responsible person” under the Road Traffic Administration Act 2008.
Dawn’s Closing Submissions
Dawn opened her summation with a citation from IMM v The Queen (2016) HCA 14, noting that “the probative value of identification evidence is low.”
She emphasised that:
- The four-second video was too brief to establish identity.
- The key witness, Detective Nuttall, was not present at the alleged incident and had displayed bias by insulting and contradicting himself under cross-examination.
- No VIN, licence record, or ownership evidence linked her to the vehicle.
- The surrender notice was issued “on a hunch, not a fact,” contrary to the standard in George v Rocket (1990) 170 CLR 10.
- The notice compelled surrender of property prior to conviction – “a form of conscription repugnant to the Constitution.”
- She questioned police authority, arguing that without a properly attested oath under s 10 of the Police Act, the issuing officer lacked lawful delegation.
When the Magistrate stated that such delegation arguments were legally irrelevant, Dawn asserted her right to record them for the sake of transparency, noting that Freedom-of-Information documents showed no written delegation by the CEO of the Department of Transport.
She closed firmly:
“The prosecution’s case fails dismally.
There is insufficient evidence to prove guilt beyond a reasonable doubt.
The alleged accused must be acquitted of all charges and this case closed.”
The Verdict
On 4 December 2024, Magistrate Randazzo delivered judgment:
“The prosecution has not proved the respective charges beyond reasonable doubt.
The presumption of innocence has not been displaced.
The accused is found not guilty on each of these charges.”
A formal judgment of acquittal was entered.
Following the decision, Dawn immediately applied for costs, submitting invoices for printing, transcripts, Freedom-of-Information fees, subpoenas, and travel totalling $863.
The court deemed two items – the FOI fee and subpoena – as “not properly and reasonably incurred,” but nonetheless awarded $803 in costs to the successful accused.
This awarding of costs is a rare outcome, particularly for a self-represented litigant. Despite enduring more than three years of stress, financial strain, and systemic disadvantage, Dawn succeeded in defending herself without legal counsel.
Her experience highlights the persistent discrimination and elitism embedded in the justice system, where self-represented individuals are often marginalised, dismissed, or denied equal treatment – even when they prevail.
What I Learned
My biggest lesson from this entire ordeal is that the justice system is not about Justice as most people imagine it to be. The Magistrates Court operates under statute and administrative law, not the principles of common law that many assume still protect the individual.
All traffic matters are, in truth, administrative – civil in nature – because there is no injured party or victim. Yet police prosecute them as criminal, which means the higher criminal standard of proof – beyond reasonable doubt – must be met.
In this case, the Western Australia Police were required to prove beyond reasonable doubt that the driver was Dawn Michelle Kelly. They failed to do so, and therefore the accused was acquitted. This distinction is critical: a driver’s licence and vehicle registration are what tie identity to an alleged offence.Without that confirmed identity, there is no case to answer.
This trial also exposed the disturbing scale of surveillance and automated enforcement now embedded in everyday life.Number-plate-recognition systems track people across the State, merging road-movement data with identity records held by government databases.
In this case, the car bore private plates not issued by the Department of Transport. Because police never stopped the vehicle, they could not establish who was driving. Despite that, Officer Jeffrey Osborne still issued an impoundment notice – without absolute proof of identity.
And the question remains: why would any reasonable person hand private property over for impoundment before the facts of an alleged offence are proven?
Conclusion
Kelly v Osborne reveals more than a technical legal victory.
It exposes the fragile line between administrative control and personal liberty – and the ease with which authority is presumed rather than proven.
For Dawn, the acquittal was not only a personal vindication but also a mirror held up to a system that too often confuses enforcement with justice.
Until identity, evidence, and authority are held to the same standard demanded of every accused person, the promise of justice will remain conditional – reserved for those who refuse to surrender what is rightfully theirs.
©Dawn-michelle of the family: Kelly
Authorised Agent and Representative for ©Dawn Michelle Kelly
‘Acting honourably as a sentient, living, breathing free woman.’
No assured value · No liability · All rights reserved · Without malice or mischief — Without prejudice — Without recourse
Transcripts available for Self-Representing Litigants Education and Training Purposes
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https://dawnmichellekelly.gumroad.com/l/gzpvot
Musical Note
“Rise Up” – Andra Day (2015)
Written by Andra Day and Jennifer Decilveo
“I’ll rise up, I’ll rise like the day…
I’ll rise up, in spite of the ache.”
This song embodies the spirit of self-representation, resilience, and faith in truth that defined the Kelly v Osborne journey. It speaks to standing tall when faced with institutional power, enduring years of struggle, and still rising with integrity intact.
Just as the lyrics promise to “move mountains,” this case stands as a reminder that courage and persistence can move the seemingly immovable – even the machinery of the justice system itself.
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