Case Notes - The More You Know, The Better The Result For the Client

Murray Torcetti Lawyers are criminal defence lawyers who appear in Brisbane and Caboolture Courts. We write our own case notes from recent criminal decisions for internal purposes.

However, unlike your annoying sibling, we don’t mind sharing.

Facts: Defendant was charged with unlawfully producing cannabis. In a pre-trial hearing the defendant sought the charges be dismissed “because he has two distinct personas One the ‘real live flesh and blood man’ and the other a ‘straw man’ or ‘dummy corporation’”, the first being “Kym-Anthony:” and the other “KYM ANTHONY SWEET”. The defendant ran an argument the “real person” is not subject to the laws of Queensland, and the charges should be dismissed as he had surrendered his birth certificate and other documents, some signed with a fingerprint in red ink.

Finding: These arguments are being peddled charlatans purporting assist people with their legal arguments, it is exploitation. A human person is also a legal person and is liable for the laws of the State. The court rejected the argument of sperate legal entities, in the event the court is wrong, section 7 of the Criminal Code would apply as the liability attaches where the person does the “act or one or more acts in a series which constitutes or constitute the offence”.

Throughout the reasons, the Judge referred to the line of cases and papers examining the various arguments taking this approach and how courts are demonstrating the total lack of credibility they hold.

Application dismissed.

Notes for practice:

1. This case is a fun and quick read. Go on, read all 5 pages of it.
2. For the occasional event that a Sovereign Citizen or like person is seeking your legal advice and raises these arguments, this case could be used to demonstrate it is flawed and without merit.
3. An easy case for Magistrates to swiftly deal with the defendants who raise the “straw man” argument in call overs.

Because lawyers love a good disclaimer – here is ours – It boils down to: If you need legal advice see a lawyer. Dr Google isn’t going to prescribe you meds if you are sick, Google LLB isn’t going to give you advice or information specific to your situation.

If you need legal assistance. See a lawyer. We are lawyers, you can absolutely call us on 07 5414 4209. Criminal law is what we do and a reason we publish these notes…

You might not read it, but we will rely on it if you try and sue us (smug face).