Batten v Police [1998] SASC 6778

In Batten v Police [1998] SASC 6778 the appellant argued that the court was not validly constituted, and that the State of South Australia is not a valid constitutional entity.  These arguments and others were derived from the appellant’s view of the consequences of the Commonwealth of Australia being party to the Treaty of Versailles in 1919, its acceptance as a member of the League of Nations in 1920, and its subsequent membership of the United Nations. The appellant alleges that, in the terms of Article 14 of the International Covenant on Civil and Political Rights the Magistrate presided over an ‘incompetent Court’ thereby illegally victimising an Australian citizen, and that the Magistrate contravened Article X of the Covenant of the League of Nations as well as Article 2, paragraph 1 and 4 of the United Nations Charter, and Article 36 of the Statute of the International Court of Justice.

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