Fail­ure to com­ply dur­ing search

Whitsunday Times - - LOCAL NEWS -

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.

Newspapers in English

Newspapers from Australia

© PressReader. All rights reserved.