Kobylski v Cole, Kobylski v Edwards, Kobylski v Wellington, Kobylski v Riordan, Kobylski v King

[2006] QDC 308

DISTRICT COURT OF QUEENSLAND

CITATION:

Kobylski  v Cole, Kobylski  v Edwards, Kobylski  v Wellington, Kobylski  v Riordan, Kobylski  v King [2006] QDC 308

PARTIES:

JAROSLAW KOBYLSKI

Appellant
v

DAVIN COLE

Respondent
and

JAROSLAW KOBYLSKI

Appellant
v

PETER EDWARDS

Respondent
and

JAROSLAW KOBYLSKI

Appellant
v

BARRY WELLINGTON

Respondent
and

JAROSLAW KOBYLSKI

Appellant
v

EAMON RIORDAN

Respondent
and

JAROSLAW KOBYLSKI

Appellant
v

IAN KING

Respondent

FILE NO/S:

221/05, 174/05, 175/05

DIVISION:

Civil Jurisdiction

PROCEEDING:

Appeal

ORIGINATING COURT:

Magistrates Court, Beenleigh and Magistrates Court, Southport

DELIVERED ON:

25 August 2006

DELIVERED AT:

Southport

HEARING DATE:

10 April and 19 June 2006

JUDGE:

Dearden  DCJ

ORDER:

Appeals dismissed

CATCHWORDS:

APPEAL – Appeal Against Conviction and Sentence – Unlicensed Driving – Unregistered Motor Vehicle – False Number Plate – Contravene Requirement – Fail to Stop Vehicle – Uninsured Vehicle – Possession of False Registration Plates – Obstruct Police Officer – Unsafe Vehicle – Breach of Bail – Constitutional Defence

COUNSEL:

Appellant in person
Ms Ahmed for the respondents

SOLICITORS:

Appellant in person
Director of Public Prosecutions for the respondents

INTRODUCTION

1. On 29 July 2004 and 15, 16, 18 and 31 March 2005 the appellant, Jaroslaw Kobylski, was convicted of a range of offences arising from five separate summary trials before various Magistrates in Magistrates Courts at Southport and Beenleigh, the details of which are set out in the tables below[1].

   [1]The relevant abbreviations of the legislation involved are set out in Appendix A of this decision

Appeal No.	Trial Date	Court	Magistrate	Offence Date
221/05 (Southport) – formerly D100/04 (Beenleigh)	29.7.2004	Magistrates Court Beenleigh	Webber M	31.3.2004
Charges:			Trial Result	Penalty
1	Unregistered motor vehicle TO(RUM-VR)R  s 10		Convicted	Convicted and fined the sum of $850 in default 17 days’ imprisonment, allowed three months to pay (in total for all three charges); disqualified from holding or obtaining a driver’s licence for a period of three months (re charge 3).
2	False number plate TO(RUM-VR)R  s 76(1)(a)		Convicted
3	Unlicensed driving TO(RUM)A s 78(1)		Convicted

Appeal No.	Trial Date	Court	Magistrate	Offence Date
174/05	15.3.2005	Magistrates Court Southport	Austin M	7.2.2004
Charges:			Trial Result	Penalty
1	Contravene requirement (PPRA s 58(3))		Discharged	Fined the sum of $1,200 in default one month impris-onment (in total); allowed three months to pay; disqualified from holding or obtaining a driver’s licence for a period of two months.
2	Fail to stop vehicle (PPRA s 51(2)(a))		Convicted
3	Unlicensed driving TO(RUM)A s 78(1)& (3)(d)		Convicted
4	Unregistered vehicle TO(RUM-VR)R s 10		Convicted
5	Uninsured vehicle MAIA s 20(1)		Discharged
6	Possession of false registration plates TO(RUM-VR)R s 76(1)(a)		Convicted
7	Obstruct police officer (PPRA s 444(1))		Convicted
Appeal No.	Trial Date	Court	Magistrate	Offence Date
174/05	16.3.2005	Magistrates Court Southport	Costanzo M	22.2.2004
Charges:			Trial Result	Penalty
1	Unregistered vehicle TO(RUM-VR) R s 10		Convicted	Fined the sum of $1,200 in default 20 days’ imprisonment (in total); one month to pay.
2	Uninsured vehicle MAIA s 20(1)		Convicted
3	Unsafe vehicle TO(RUM-VSS)R  s 5(1)(b)		Convicted
4	Cancelled registration plates TO(RUM-VR)R s 76(2)(f)		Discharged (no evidence offered)
5	Unlicensed driving TO(RUM)A s 78(1)(b)		Convicted
Appeal No.	Trial Date	Court	Magistrate	Offence Date
174/05	17 & 18.3.2005	Magistrates Southport	Kehoe M	24.4.2004
Charges:			Trial Result	Penalty
1	Unlicensed driving TO(RUM)A s 78(1)(b)		Convicted	Fined the sum of $1,100 in default 22 days’ imprisonment (in total); three month to pay; disqualified from holding or obtaining a driver’s licence for a period of six months.
2	Unregistered vehicle TO(RUM-VR)R  s 10		Convicted
3	Uninsured vehicle MAIA s 20(1)		Discharged
4	Possession of false registration plates TO(RUM-VR)R s 76(1)(a)		Convicted
Appeal No.	Trial Date	Court	Magistrate	Offence Date
175/05	31.3.2005	Magistrates Southport	Rinaudo M	9.10.2004
Charges:			Trial Result	Penalty
1	Unlicensed driving TO(RUM)A s 78(1)		Convicted	Three months’ imprisonment, wholly suspended for an operational period of two years (in total).  Disqualified from holding or obtaining a driver’s licence for 2 years.
2	Unregistered vehicle TO(RUM)A s 10		Convicted
3	Uninsured vehicle MAIA s 20(1)		Convicted
4	False registration plates TO(RUM-VR)R s 76(2)(f)		Convicted
5	Breach of Bail (Bail Act s 29(1))		Convicted

GROUNDS OF APPEAL

1. This decision deals (in a consolidated manner) with convictions incurred by the appellant in a series of five summary trials before various magistrates at both the Beenleigh Magistrates Court and Southport Magistrates Court, as set out in the tables above.  The applicant was self-represented at each of the summary trials, as well as on the consolidated appeal proceedings before this Court.  Each of the trials arose out of a similar fact scenario, and the same legal issues arise in respect of all appeals.  It is convenient, therefore, to deal with all appeals together.

1. The grounds of the applicant’s appeal in respect of Notice of Appeal No. 221/05[2] (in respect of the decision of Webber, M 29 July, 2004, Beenleigh Magistrates Court) are as follows:  

“All ground appeal (decision and penalty) including human rights abuse, violation of constitutional rights, theft.” 

[2]Originally Notice of Appeal No. D100/04 (Beenleigh), transferred by consent to Southport District Court

and heard together with Notices of Appeal No’s 174/05 and 175/05

1. The grounds of the applicant’s appeal in respect of Notice of Appeal No. 174/05 (in respect of the decisions of Austin M – 15 March 2005, Southport Magistrates Court; Costanzo M, 16 March 2005, Southport Magistrates Court; Kehoe M, 17-18 march 2005, Southport Magistrates Court) is as follows:

“All ground appeal.  Decision and penalty.  Violation of constitutional rights and human rights.  Theft and assault where suffered injuries.  Faulse (sic) imprisonment.”

1. The grounds of the applicant’s appeal in respect of Notice of Appeal No. 175/05 (in respect of the decision of Rinaudo M – 31 March 2005, Southport Magistrates Court) is as follows:

“All ground appeal.  Decision and penalty.  Violation of constitutional rights and human rights.  Faulse (sic) imprisonment.”

FACTS

1. The relevant facts in respect of each of the five sets of appeals are remarkably similar.  The appellant, on each occasion, was intercepted by police while driving a motor vehicle.  On each occasion the appellant asserted that the motor vehicle he was driving was registered with an organisation known as “UPMART” Victoria and that the appellant had paid a single sum of $400 for lifelong registration for the vehicle.  It appears that on each occasion what purported to be “number plates” had been provided by “UPMART”.  The driver’s licence which the appellant had with him was also (he asserted) purchased for $200 from “UPMART” Victoria and (the appellant asserts) was valid for life.  The appellant, in his outline of appeal, submits that:

(1)        He was wrongly arrested;

(2)        The police had no authority to seize his property (an apparent reference to “false number plates” and the seizure of a document purporting to be a driver’s licence);

(3)        He claims never to have entered a plea to the charges before the Court;

(4)        He claims that he was denied natural justice.

1. On each of the occasions when the appellant came for trial before a Magistrate, with the exception of the trial before Rinaudo M (Appeal No. 175/05), he either refused to enter pleas or declined to do so when the charges were read, so pleas of not guilty were (quite appropriately) entered by the trial magistrate on each occasion.  It appears from the file and transcript of the trial before Rinaudo M (Appeal No. 175/05) that the appellant confirmed his intention to defend the charges to which pleas of not guilty had been recorded on the file on an earlier occasion.

CONSTITUTIONAL ISSUES

1. Given that the appellant claimed that the appeal raised issues under the Australian Constitution, appropriate notices pursuant to s 78(b) of the Judiciary Act 1903 were sent to the Attorneys-General for the Commonwealth, each of the States of the Commonwealth, and to relevant Territory Attorneys-General. All Attorneys-General declined the opportunity to appear before me and/or make submissions on this appeal, while reserving their rights to appear on any subsequent appellant proceedings.

APPELLANT’S LEGAL ARGUMENT

1. The appellant submits that the following inalienable human rights enable him (as he has repeatedly done) not to comply with the laws of the State of Queensland in respect of vehicle registration, driver licensing and compulsory third party insurance.  The asserted “inalienable human rights” relied upon by the appellant[3] are:

   [3] Appellant’s outline of submissions 19 June 2006, para 2

(i)         right to natural justice;

(ii)       right of privacy;

(iii)      right to self-defence;

(iv)       right to abate a nuisance;

(v)        right to a presumption of innocence;

(vi)       right of peaceful political protest;

(vii)     right of representation;

(viii)    right to contract;

(ix)       right of passage;

(x)        right of departure;

(xi)       right to dignity;

(xii)     right to conscientious objection.

THE LAW

1. These rights asserted by the appellant are remarkably similar to those asserted in an appeal by one James Hubner, dealt with on appeal by White DCJ in the District Court, Cairns[4].

[4]Hubner v Erbacher (unreported, District Court, Cairns, White DCJ, 24 August 2004) para 9

DECISION

1. The argument of the appellant in Hubner v Erbacher[5] was carefully and meticulously dealt with by White DCJ at paragraphs 10-17 of his decision[6].  It is clear, following White DCJ’s analysis, that the appellant in the case before me, Mr Kobylski, is a resident in Queensland, is subject to the laws of Queensland, and has, in law, no basis for the submission that he is not subject to the relevant laws of Queensland in respect of vehicle registration, compulsory third party insurance, driver licensing and the possession of false registration plates.  It follows that where the applicant has been found guilty of other factually connected offences, including the obstruction of police officers carrying out their duties, failing to stop a vehicle, breach of bail conditions properly imposed in the Magistrates Court, driving of an unsafe vehicle and possessing cancelled registration plates, such offences are all offences which have been made out on the evidence and to which the defendant had, on trial and on appeal, no defence in law.  On each occasion, the applicant has chosen to represent himself, both at the trials and on appeal, and the various magistrates who have (with great patience, courtesy and attention to detail) conducted his trials have all, without fail, accorded him a full and appropriate measure of natural justice (i.e. procedural fairness) in respect of those hearings.

   [5]Unreported, District Court, Cairns, White DCJ, 24 August 2004

   [6]Unreported, District Court, Cairns, White DCJ, 24 August 2004

1. The appellant has, in my view, been unable to demonstrate an error of law in respect of any of the convictions appealed against. Accordingly, all appeals in respect of all convictions are dismissed.  Inasmuch as any of the appellant’s appeals purport to be appeals in respect of the penalties imposed (i.e. that the penalties were manifestly excessive), it is my view that the relevant penalties have all been within the appropriate exercise of the relevant Magistrate’s sentencing discretion.  Accordingly all appeals in respect of penalty are also dismissed.

CONCLUSION

1. The appeals are dismissed.  I will hear the parties on the issue of costs.

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APPENDIX A

Abbreviations	Full Title of Legislation
PPRA	Police Powers and Responsibilities Act (Qld) 2000
TO(RUM)A	Transport Operations (Road Use Management) Act 1995
MAIA	Motor Accident Insurance Act (Qld) 1994
TO(RUM-VR)R	Transport Operations (Road Use Management – Vehicle Registration) Regulation (Qld) 1999
TO(RUM-VSS)R	Transport Operations (Road Use Management – Vehicle Standards and Safety) Regulation (Qld) 1999