Luke Bayly: man appeals non-existent conviction

A ‘constitutional objector’ has appeared at the Queanbeyan District Court to appeal a conviction which didn’t exist. Find out what happened.

A “constitutional objector” has sparred with a district court judge after appearing in court to appeal a conviction that doesn’t exist.

Luke Bayly, 26, previously appeared at the Queanbeyan Local Court on March 8 charged with not complying with Covid-19 restrictions by failing to wear a mask during the state’s mask mandate in September last year.

In March Bayly described himself as a ‘constitutional objector” to the mask mandate and read out sections of the Magna Carta to the court.

During that court appearance Magistrate Rodger Clisdell found the offence of failing to wear a mask during NSW’s lockdown was proved, but spared Bayly a conviction or fine.

On Tuesday Bayly appeared before Judge Robyn Tupman eager to appeal a conviction which did not exist.

“This is absurd,” Ms Tupman told the court.

“God knows how much time and money is being wasted.”

Luke Bayly has attempted to appeal a conviction that does not exist. Picture: Julia Kanapathippillai

Ms Tupman looked through the history of the court matter and stated that he previously admitted to not wearing a mask.

“I’m not admitting guilt,” Bayly said.

Ms Tupman told the court the fact he had admitted to refusing to wear a mask amounted to admitting the crime had been committed, but reaffirmed he had not been convicted of the offence.

Bayly began to interject, by discussing constitutional rights and arguing Ms Tupman did not have authority to convict him.

“It's a constitutional matter,” Bayly said.

“Stop it I am trying to help you,” Ms Tupman said.

“This has nothing to do with the constitution, or the vibe of the thing.”

Luke Bayly leaves Queanbeyan Local Court on March 8, 2022. Picture: Julia Kanapathippillai

Despite the verbal blows about a non-existent conviction, a genuine concern came out about Bayly being required to pay a victims of crime levy.

Registry staff told the court despite the fact Bayly was not convicted, he was still required to pay the victims of crime levy because an indictable offence had still been proven.

Ms Tupman asked if the levy could be waived but was told she could not get rid of the mandatory payment.

At one point Mr Bayly gave a medical certificate which said he had hayfever.

He argued his hayfever was grounds for a medical exemption for wearing a mask.

Ms Tupman said hayfever was not grounds for a medical exemption.

Bayly continued to express his anger at the judge despite her efforts to assure him he didn’t have a conviction to begin with.

“If you want to ramble at me without a jury without a trial,” Mr Bayly said.

“You weren't convicted,” Ms Tupman said.

Ultimately Ms Tupman stood down the matter in order to deal with other court matters.

“I am not allowing you to undermine this court,” she said.