- Claim of Right
- 16/06/2016 Make a Comment
- Contributed by: JohnnyBgood ( 11 articles in 2016 )
Claim of Right. Claims of Right pertain to PROPERTY, Personal, Real, and Assumed. This is where you must know what the NAME actually is. Its an ESTATE held in TRUST. Copyright, Securities Registration, Lien Filing, and so on pertain to this Property.
One would have to go through the REAL PROPERTY ACTS of their state to look into what property is discussed, and would also need to frame their claims in relation to said property.
Cestui Que Vie is the holding of Real Property by the Crown awaiting the return of the owner. But in an occupied situation, it is the Commander in Chief that has the final say on the return of property under the Laws of Armed Conflict. One would also need to be ensured that any property is being held in Cestui Que Vie.
My belief is that these are held by the Land Titles Office through Births, Deaths and Marriages. In America this is held under the Agricultural Estate.
Criminal Code 1899 - SECT 22 (QLD)
22 Ignorance of the law—bona fide claim of right 22 Ignorance of the law—bona fide claim of right
(1) Ignorance of the law does not afford any excuse for an act or omission which would otherwise constitute an offence, unless knowledge of the law by the offender is expressly declared to be an element of the offence.
(2) But a person is not criminally responsible, as for an offence relating to property, for an act done or omitted to be done by the person with respect to any property in the exercise of an honest claim of right and without intention to defraud.
(3) A person is not criminally responsible for an act or omission done or made in contravention of a statutory instrument if, at the time of doing or making it, the statutory instrument was not known to the person and had not been published or otherwise reasonably made available or known to the public or those persons likely to be affected by it.
(4) In this section—
publish—
(a) in relation to a statutory instrument that is subordinate legislation—means notify in accordance with section 47 (Notification) of the Statutory Instruments Act 1992; and
(b) in relation to a statutory instrument that is not subordinate legislation—means publish in the gazette.
CRIMINAL CODE 1995 (Commonwealth)
9.5 Claim of right
(1) A person is not criminally responsible for an offence that has a physical element relating to property if:
(a) at the time of the conduct constituting the offence, the person is under a mistaken belief about a proprietary or possessory right; and
(b) the existence of that right would negate a fault element for any physical element of the offence.
(2) A person is not criminally responsible for any other offence arising necessarily out of the exercise of the proprietary or possessory right that he or she mistakenly believes to exist.
(3) This section does not negate criminal responsibility for an offence relating to the use of force against a person.
There may be other Claims to be made through other states, this would need to be looked into by yourselves. These claims are usually used in the Defence of STEALING OR THEFT of Property.
One would have to go through the REAL PROPERTY ACTS of their state to look into what property is discussed, and would also need to frame their claims in relation to said property.
Cestui Que Vie is the holding of Real Property by the Crown awaiting the return of the owner. But in an occupied situation, it is the Commander in Chief that has the final say on the return of property under the Laws of Armed Conflict. One would also need to be ensured that any property is being held in Cestui Que Vie.
My belief is that these are held by the Land Titles Office through Births, Deaths and Marriages. In America this is held under the Agricultural Estate.
Criminal Code 1899 - SECT 22 (QLD)
22 Ignorance of the law—bona fide claim of right 22 Ignorance of the law—bona fide claim of right
(1) Ignorance of the law does not afford any excuse for an act or omission which would otherwise constitute an offence, unless knowledge of the law by the offender is expressly declared to be an element of the offence.
(2) But a person is not criminally responsible, as for an offence relating to property, for an act done or omitted to be done by the person with respect to any property in the exercise of an honest claim of right and without intention to defraud.
(3) A person is not criminally responsible for an act or omission done or made in contravention of a statutory instrument if, at the time of doing or making it, the statutory instrument was not known to the person and had not been published or otherwise reasonably made available or known to the public or those persons likely to be affected by it.
(4) In this section—
publish—
(a) in relation to a statutory instrument that is subordinate legislation—means notify in accordance with section 47 (Notification) of the Statutory Instruments Act 1992; and
(b) in relation to a statutory instrument that is not subordinate legislation—means publish in the gazette.
CRIMINAL CODE 1995 (Commonwealth)
9.5 Claim of right
(1) A person is not criminally responsible for an offence that has a physical element relating to property if:
(a) at the time of the conduct constituting the offence, the person is under a mistaken belief about a proprietary or possessory right; and
(b) the existence of that right would negate a fault element for any physical element of the offence.
(2) A person is not criminally responsible for any other offence arising necessarily out of the exercise of the proprietary or possessory right that he or she mistakenly believes to exist.
(3) This section does not negate criminal responsibility for an offence relating to the use of force against a person.
There may be other Claims to be made through other states, this would need to be looked into by yourselves. These claims are usually used in the Defence of STEALING OR THEFT of Property.
Source: https://wethepeopleofaustralia.blogspot.com.au/2016/03/claim-of-right.html
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