The "Straw Man" argument fails. Again.

Case Note QLD - R v Sweet [2021] QDC 216

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.

More case notes can be found here.

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