Fleming v Facer

[2020] QMC 2

MAGISTRATES COURTS OF QUEENSLAND

CITATION:

Fleming v Facer [2020] QMC 2

PARTIES:

Senior Constable JN Fleming

(Complainant)

v

Kenneth Allan Facer

(Defendant)

FILE NO/S:

6551/18

DIVISION:

Magistrates Courts

PROCEEDING:

Hearing

ORIGINATING COURT:

Toowoomba Magistrates Court

DELIVERED ON:

26 February 2020

DELIVERED AT:

Toowoomba Magistrates Court

HEARING DATE:

12 November 2019, 10 February 2020

MAGISTRATE:

Acting Magistrate Carroll

ORDER:

Defendant is guilty of the offence as charged. His is ordered to be imprisoned 12 months, wholly suspended for two years. A forfeiture order with respect to the drug.

CATCHWORDS:

SOLICITORS:

Snr Constable Wheaton
Mr Brendan Ryan, Ryan Mulcahy Lawyers

1. The defendant is charged that on the 16 day of August 2018 at Toowoomba in the state of Queensland one Kenneth Allan Facer unlawfully had possession of a dangerous drug namely methyl amphetamine and the dangerous drug was a thing specified in Schedule 1 Drugs Misuse Regulation 1987 and the quantity of the thing exceeded the quantity specified in schedule 3 Drugs Misuse Regulation but less than the quantity specified in schedule 4 Drugs Misuse Regulation 1987.

1. The prosecution must prove the elements of the offence beyond a reasonable doubt and negative, to the same standard, any defence raised by the Defence.

1. The prosecution elects summary jurisdiction.

1. The elements of the offence are;-

1.          That on the 16 day of August 2018 at Toowoomba the defendant had possession of a dangerous drug, methyl amphetamine;

2. That the dangerous drug is a Schedule 1 drug as per The Drug Misuse Regulation 1987

3. That the quantity of drug in the possession of the defendant exceeded the quantity specified in Schedule 3 of the Drugs Misuse Regulation but was less than the quantity specified in Schedule 4 of the Drugs Misuse Regulation.

1. I make the following findings;-

1.          On the 15 August 2018 Karen Lesley Metzrof was the manager of Athena Motel Apartments. The principal place of business of Athena Apartments was 214 James Street Toowoomba.

2.          The apartments in question here were situated at 7 Gostwick Street Newtown, Toowoomba.

3.          On the above date the defendant attended the James Street address and took a short term stay of unit 2, 7 Gostwick Street Newtown “the unit” for two days, i.e. from 15 to the 17 of August 2018.

1. The defendant completed the guest registration card, Exhibit 1. The card shows, inter alia, the name of the defendant as the guest, his mobile number and arrival and departure dates. Unit 2 is a two bedroom unit. The defendant was given the key to the unit which was attached to a rather large key ring. He was advised of the utilities on location and how to get to the unit.

1. Detective Sergeant Joel Bryant, then attached to the CPIU in Toowoomba, attended the unit at about 8.15pm on the 16 August 2018 in the company of Detective Doherty. Snr Constable Jade Fleming executed a search warrant, Exhibit 4, on Tameka Bass, a person present at the unit at or about the same time. Detective Doherty…