Failure to comply during search
FAILING to comply with police during their search of a Proserpine home could have led to a maximum penalty of one year behind bars for a 33-year-old Kelsey Creek man.
Trevor Andrew Crisp pleaded guilty to the charge of disobeying a lawful order when he appeared in the Proserpine Magistrate’s Court on Monday.
The court heard it was 8.20pm on January 22 when police arrived at the Herbert Street address with a search warrant signed by a magistrate.
While Crisp wasn’t the person named on the warrant, he was required to comply.
Police prosecutor Elizabeth Smith said he initially admitted ownership of a Samsung mobile phone found dismantled on the bathroom floor.
She said he was asked to re-assemble the phone and put the SIM card in but although he did this, he provided PIN numbers that didn’t work.
Ms Smith told the court Crisp then said it was someone else’s phone. Defence solicitor John Wilson from Macrossan and Amiet said Crisp, who was supported by his father in court, had not had any contact with the person named on the search warrant since that night, nor any other ongoing contact with “people of such nature”.
Mr Wilson acknowledged this was an offence with a maximum penalty of a one-year prison term, but he submitted a fine was appropriate in this case. “I do note it’s an unusual offence,” he said. “That’s because everyone usually complies,” magistrate Haydn Stjernqvist replied.
Mr Stjernqvist told Crisp the inference was “you had something to hide” and he warned him “it’s always best to comply”. Mr Stjernqvist also said Crisp had committed this offence on the last day of a suspended sentence imposed by the District Court. Crisp was fined $700 and re-committed to the District Court.