Morris v Spink

[2009] QDC 125

[2009] QDC 125

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 3041 of 2008

JOEL ALEXANDER MORRIS

v.

REBEKAH MAREE SPINK

BRISBANE

..DATE 24/04/2009

ORDER

CATCHWORDS: No action taken in respect of breach of intensive correction order made by District Court on appeal from a sentence under s.222 of the Justices Act 1886 - no application for revocation was made - view taken that in imminent proceedings in the Drug Court, any breach would be dealt with.

HIS HONOUR: It's not necessary or appropriate for this Court to make any order today. Today will mark the closing of a saga which can be found described at [2008] QDC 270, [2008] QDC 271 and [2009] QDC 71. Occasion arose in an appeal under section 222 of the Justices Act for this Court to resentence Mr Morris rather than remit the matter to the Magistrates Court. Imprisonment was pronounced accompanied by an intensive correction order which was to run out on the 9th of May 2009.

Doubts were entertained as to the likelihood of compliance with the ICO by Mr Morris and for that reason a review date, on which his appearance was required was fixed by me - that was the 20th of February 2009, when certain problems emerged.  They included the imminent conviction of Mr Morris for unlicensed driving, he having contended that he was unable to renew his licence because of incarceration and had overlooked doing so on his release.  Then further problems in relations with the community corrections people came to light.  The Court was told that in those circumstances Mr Morris had made arrangements of his own for some equivalent guidance and supervision.

In the absence of a formal written application I was not prepared to consider revoking the ICO, opting to give Mr Morris another chance and fixing an appearance for today.  He's not here because he is in custody again facing a conviction for new offences of much greater seriousness than unlicensed driving.  The Court today lacks the opportunity to address Mr Morris in the dock.  More significant is that his matters are to be dealt with by the Drug Court - it would appear on the 18th of May, which is shortly after the expiration of the ICO ordered in this Court.

There's still no formal application from the prosecution side or from Community Corrections for setting aside of the ICO.  The view at the Bar table appears to be that, whatever powers this Court might have in that regard, the Drug Court can deal with a breach on the basis that the ICO in this Court is in substitution for a Magistrates Court sentence.  It's sad to read from the detailed Court report which Ms Litchen has obtained leave to read and file but Mr Morris appears to have relapsed into or continued in a lifestyle which features ingestion of illicit drugs; the occasions on which he has been prepared to acknowledge that are somewhat sporadic.  The best hope is that the tailor-made procedures of the Drug Court will see things resolved. 

In light of the circumstances there's no need for any order to be made here today.

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