Pengelly v Serpentine Jarrahdale Shire [2014] WASCA 5

The appellants were convicted of offences under the Planning and Development 2005 (WA) and appealed in Pengelly v Abbiss [2013] WASC 10. The appellants contended that the State Constitution, the Local Government Act 1995 and the Magistrates Court Act 2004 were invalid, that the primary magistrate had not been sworn in using the lawful oath, erred in law by allowing a council employee to enter their property, allowed a company to prosecute in a criminal jurisdiction, disregarded decisions of the High Court and chapter III of the Commonwealth Constitution Act, failed to answer challenges on her abandonment of the Court and the State Constitution and thereby tacitly agreed the applicants were correct, refused to recognise the UCC 1-308 declarations of common law rights, and insisted the appeal was not vexatious but the Magistrates Court of Armadale displayed vexatious and malicious behaviour.

In Pengelly v Serpentine Jarrahdale Shire [2014] WASCA 5 the applicants contended that the appeal judge was wrong in law by failing to ‘do right by all men’ according to his oath of office, failed in his judicial function to declare the Magistrates Court Act 2004 invalid, unlawfully ridiculed Kay of the family Pengelly, relied on Hedley v Spivey 2012 WASCA 325, and failed to recognise the Statute of Monopolies 1623.