DRAFT NOTICE OF APPEAL

1. The Applicant applies for leave or special leave to appeal the whole part of the judgment of McPherson, JA, Williams, JA and Ambrose J sitting as the Criminal Court of Appeal in Brisbane on 31 January 2002.

The Matter is properly before the Court as a Constitutional cause enlivening sections 73(2), 76(1) and 77(3) of the Constitution as a matter arising under or involving its interpretation, under the jurisdiction of Section 35(1) a, b, 35(2) and 35A(a)I, 38(c), 391A(c), 40(2)b and 40(3), and 78B of the Judiciary Act.

2. GROUNDS

The Court erred in:

(a) Failing to uphold the constitutional constraint on the State of Queensland to deny or deprive the Applicant of the right to keep and bear arms;

(b) Failing to uphold the constitutional constraint on the State of Queensland to deny or deprive the Applicant of the constitutional right to a jury trial;

(c) Failing to uphold that in so far as the Weapons Act 1990 relied or sought to rely on the provisions of the Australia Act 1986 such latter act was unconstitutional and in particular contrary to and in breach of the Constitution S.128 and that accordingly the Weapons Act 1990 was null and void.

(d) Failing to find that the provisions of the Weapons Act 1990, the Justices Act 1886 and any other relevant legislation did not act or have such effect as to deny or deprive the Applicant of the Common Law right to a jury trial.

3. ORDERS SOUGHT

(A) Leave be granted.

(B) Appeal allowed, conviction quashed and in lieu thereof the Applicant be acquitted of the charge.

(C) Alternatively, appeal allowed, conviction quashed and the charge be remitted to the District Court for trial by jury.

(D) Costs of the Appeal and of the previous proceedings.

2 June 2003

……………………………….

Solicitor for the Applicant

To: Registrar of Court of Appeal

Brisbane

AND to:

Director of Public Prosecutions

5^th Level, State Law Building

50 Ann Street

Brisbane Queensland 4000

Hey Jackboot Johnny, I've still got my guns

Form 65

DRAFT NOTICE OF APPEAL