Application of Adrian Ashley of the House of Cooper [2017] NSWSC 533

Supreme Court New South Wales

Medium Neutral Citation: Application of Adrian Ashley of the House of Cooper [2017] NSWSC 533 Hearing dates: 26 April 2017 Date of orders: 26 April 2017 Decision date: 03 May 2017 Jurisdiction: Common Law Before: McCallum J Decision: Leave to file petition for writ of habeas corpus in court refused Catchwords: HABEAS CORPUS – ex parte application for urgent order – where applicant arrested on warrant after failing to appear on charge of possession of cannabis – whether reasonably arguable that his detention is unlawful – whether possession of cannabis is an offence known to law – applicant alleging plants supplied by God – whether the criminal law can prohibit conduct approved by God – applicant alleging assault by police at time of arrest – whether subsequent detention unlawful – authority of police to execute arrest warrant when not in possession of warrant – whether applicant bound by the laws and usages of this State – where applicant claiming to be a self-governed man who believes the King James Version Bible 1611 is the supreme law – whether able to be dealt with for an offence under the Drug Misuse and Trafficking Act 1985 (NSW) after giving police written notice of that belief Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW), ss 10, 23(1)(c) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 101 Uniform Civil Procedures Rules 2005 (NSW), rr 6.1(1)-(2), 6.4(2), 7.1, 25.2(1) Cases Cited: Potier v General Manager & Governor, MRRC [2007] NSWSC 1031 Secretary of State for Home Affairs v O'Brien [1923] AC 603 Texts Cited: King James Version Bible 1611, Genesis 1:29 Magna Carta (version not identified) Category: Procedural and other rulings Parties: Adrian Ashley of the House of Cooper (applicant) Representation: Keith Charles of the House of Haffey (not a legal practitioner) was permitted, provisionally, to present the application on behalf of the applicant, who is in custody File Number(s): Not applicable – no proceedings on foot