Frankie Douglas Muir v Commissioner of Police

[2009] QDC 115

[2009] QDC 115

DISTRICT COURT
APPELLATE JURISDICTION

SENIOR JUDGE TRAFFORD-WALKER

No 3113 of 2008

FRANKIE DOUGLAS MUIR	Appellant
and
COMMISSIONER OF POLICE	Respondent
BRISBANE
..DATE 08/04/2009

08042009 D.1 T(1)4/LM(BNE) M/T BRIS24 (Trafford-Walker SJDC)

HIS HONOUR: Now I have varied the order of the Magistrate and	1
to that extent I have allowed the appeal.
You will not be required to go to prison. You will be released today. Your parole release date is fixed today.

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By 5 o'clock today you must report to the parole offices-----

Where would that be, Ms Reece?

MS REECE: Kingaroy please, your Honour.

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HIS HONOUR: Where?
MS REECE: Kingaroy.
HIS HONOUR: Well, he won't report there today, would he?
MS REECE: He's intending to drive back as his partner has to be at work at 2 and he assures me he can make it by that time.

HIS HONOUR: You don't want to speed. I'll give him till-----	30
MS REECE: If your Honour's concerned perhaps 4 p.m. tomorrow.
HIS HONOUR: No, I'll make it 5 o'clock today.
MS REECE: Thank you, your Honour.
HIS HONOUR: If he thinks he'll be there by 5 o'clock today.
DEFENDANT: Yeah, well, I left there at 6 this morning.	40
HIS HONOUR: All right. If you fail to do so you will be
unlawfully at large and a warrant will issue for your arrest.
When you are released you will be on terms and conditions. If
you fail to comply with those terms and conditions during the	50
parole period it is a breach of your parole, you will be
brought back and sent to prison.
08042009 D.1 T(1)4/LM(BNE) M/T BRIS24 (Trafford-Walker SJDC)
I have accepted information that has been placed before me and	1
that was before the magistrate as to the efforts you have made to overcome your problems, that you are in a stable relationship and full time employment. I hope that is the situation, I hope it continues and I hope you continue to make

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those efforts.

You will be on parole for the period of the prison term. Do you understand that?

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DEFENDANT: Yes, your Honour.
HIS HONOUR: Anything further, counsel?
MS OVERELL: No, thank you, your Honour.
HIS HONOUR: Your client may leave the dock.

MS OVERELL: Thank you.

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