New to the forum, first post. I've known about Max for a good while now.
Now I've actually got something of half interest to post.
My names Tom and I live in Sydney, Aus. I've been driving unlicensed for a good 6 months and several months unregistered (expired) and I was finally pulled over on the 22/03/12.
I'll keep it brief. He gave me a Court attendance notice (CAN) and removed my plates. CAN had unlicensed, unreg and no insurance.
Now I knew about the whole common law thing but had others going on and never got around to preparing myself for the day I'd get pulled over.
I spieled mostly crap but I think I got the basics of saying I dont understand him (the officer), I dont contract, I'm a sovereign not a public trustee etc etc. I was even quoted in the fact sheet the cops mailed me saying "I am not a public trustee, im a sovereign" and "I dont think I have to get one (license), its a matter of common law".
I had a court appearance for the 10/03. I watched alot of Dean Clifford and a few other things and got some good ideas.
I wrote to the attorney-general of nsw (I mispelled Wales... Twice!) and said along the lines of... i am a man of common law and inherent jurisdiction, I received a complaint from an agent of the crown, I understand I only have an obligation to the crown when acting as an agent for the crown, please provide proof of claim... Are you the QE 2 of the house of windsor or the crown corp... and gave them 10 days to reply.
I wanted to take Deans approach of making them provide proof of claim and I also kept It very casual and more personal. I think law should be for the common man, as Dean says content and intent. So I sent it off via registered post on the 6th, yet to hear back. Now they still had time to reply and it also went over the holidays.
So the 10th came up today and I didnt have the time to file a default of no reply or anything because they still had time, I havent even received my receipt back yet for them receiving it.
So the plan was to file a pleading that morning (hearing at 9:30, court opens 9:30 - day after holidays), in the pleadings I would state who I am, what happened, my claim that i have no obligation to the crown and that I have written and still awaiting a response. And then call to adjourn to give the crown mroe time or if the crown wanted to dismiss.
Of course being very under prepared I hand write my pleading out that morning 15mins before court, and made a copy of my citizenship of descent, birth cert (dutch), CAN from the side of the road, CAN mailed from police including the fact sheet, my affidavit to the attorney-general and a receipt of that affidavit being mailed.
So for anyone not knowing what to expect, this is what happened to me at a local court in sydney.
I entered the court and the court clerk told me straight away to have a seat and wait to be called into the court, and asked who was representing me (I told him I was representing myself) and whether I was pleading guilty or not guilty.
I told him i had pleadings to file to the court. The confusion of their behalf began. He tryed to ask what I was pleading again but I told him I needed to file documents for the case file. He told me i couldnt file anything, that I just handed it to the magistrate in the court. This didnt sound right as none of it was notarised so how would anyone in the court know if it was a true copy or whether i swore by it. And how would the judge read it before hand and how would it get into the court file.
I noticed the court office opening so I went in to see if i could file my documents. The lady there had the same story, they wouldnt notarise anything or file anything, I just had to give it to the judge. Anyway I had a back and forth with her, and eventually she notarised all my copies except for my pleading cover sheet and main body (maybe because it was hand written) and repeated that it wasnt an affidavit blah blah. I just told her I was noting that she wouldnt notarise my pleadings and that she wouldnt file them.
So i went into the court after being told to and I was called a few minutes later.
I'll put this in dot points saving a wall of text.
She (magistrate) called me,
I said was here for that matter,
She asked if i was First, middle , last name.
I said I was commonly refered to that name, but that it was a title of the government,
she then asked what I pleaded
I told her I pleaded guilty to the facts (after saying this one her demenour changed)
A little back and forth on this (you must plead guility or not guility to the charges etc), I just reiterated i pleaded Guilty to the facts.
this is when she told me to sit down.
I told her i had pleadings to file
she told me there is no pleadings here and they wouldnt accept anything (I furthered with the fact that they refused ((the magistrate and the office lady)) to accept my filings). I made the point of how could she know who she is dealing with without any pleadings, she didnt know who i was (no reply).
she then demanded I sat or have the sheriff get involved, this is when I sat (boo me, but I just see this as being in duress and means nothing).
She churned through other matters of the court, she was putting me off, and i also think she was trying to get as many people out of the room.
She asked me back up and asked me what i pleaded, I again said i pleader guilty to the facts.
This time I also said i was convening a court of public record, this is where she really stuttered and mumbled when i further questioned her whether this was on the public record. She said it was on the record, on the record in a public court etc etc, but wouldnt explicitely say on the public record. I finally managed to get her to say that yes it was on the public record but it was later on and im not sure if what was said before that was on it or it was actually on the public record.
I informed her that i was there in propria persona, which she seemed to note and accept without any sort grudge.
She then proceeded, sort of accepting my plea, asking whether I had the fact sheet form the police, i said yes, and she asked if i was pleading guilty to the facts and i said yes. she then went on to sentence me, saying things like, first sentence blah blah suspension blah blah (I didnt even notice the sentence) and then asked if i understood, i said no. She said good (ignoring me).
She basicaly ignored everything I said just to put something down and get me over with, maybe she just wanted to save face and make it look like i had been truely sentenced or whether she just put guilty to the charge i dont know.
So in the final death blows she asked me if i wanted to comment.
I just had a little rant saying I couldnt even file pleadings, she didnt know who i was, I had no obligation to the crown, the crown had no claim, no contract, no affidavit , no payroll, that i was going to write an affidavit of everything that happened there, that i didnt accept her jurisdiction (that it wasnt established), that i was not that legal fiction.
she rattled some other sentencing stuff off, when she finished i just said to her.. " Are you done?" she said yes, and i walked out.
First time its prity full on doing it yourself and pumping your self up but it was a great experience and i really enjoyed it, ready for round 2.
I dont know where it all stands now, I guess I'll be getting some mail from them soon.
Thinking about it today if i could do it again I would pound the fact that i was a common law man etc etc (I dont think I even mentioned that I was under common LAW!!! noob...), and also to tell her i had written to the crown. But thats for another day.
Of course I wish i was more prepared, it makes a huge difference. If I could give one peice of advice, its write down everything you want to say in court so you dont forget big things like explicitly saying your under common law. They put you under pressure and it's always harder to nail it.
I'd love to hear your comments guys.
Also if theres any freemen in sydney I'd love to start networking and getting some allies.
P.S an after thought, maybe they try to steer us intro battling the magistrate/court in stead of focusing on the crown.
P.P.S I would upload my pleadings onto here but the court or crown never saw them, refusing to accept it. I might post my affidavit that I sent to the Attorney-General on here later.