Magistrate spells out ‘life’ to man on burglary charges
A MARYBOROUGH Magistrate has spelled out the word “life” to a Cunnamulla man after reading his criminal history littered with drug, burglary, fraud, and assault offences.
David James Marshall, 40, faced Gayndah Magistrates Court on July 10 charged with contravening a community service order.
Queensland Corrective Services probation officer Lisa Lethborg addressed the court, stating Marshall had been placed on a community service order in Cunnamulla for several charges including fraud and burglary.
The court heard Marshall had failed to adhere to his probationary order.
After reading the facts, Magistrate Terry Duroux asked Marshall’s lawyer Alan Korobacz if he knew the “precarious position” his client was in.
“There's a good chance he’s going in!” he exclaimed.
“He’s facing a burglary charge, with a maximum penalty of life.
Mr Korobacz spoke of his client’s past, with Mr Duroux interjecting, saying Marshall was a “burglar” who “knocked off the TV”.
Marshall’s lawyer told the court the defendant was “not a bright man”, who may not have understood the obligations under his probation order.
Mr Korobacz did however submit to the court that the defendant had completed 80 hours of his 150 hours for compulsory community service.
Mr Duroux rebuked this, saying Marshall had shown a “cavalier approach” to the order in his opinion.
Marshall’s extensive criminal history from 1998 from towns such as Roma, Cunnamulla, Gladstone, Gayndah, Dalby, Maryborough and Charleville was then read out by Mr Duroux in his sentencing.
Drug charges, assault, stealing, public nuisance, going armed to cause fear, multiple breaches of bail, burglary, failing to appear and fraud were apart of Marshall’s long rap sheet read to the court.
Mr Duroux accepted that Marshall had completed more than half of his compulsory community service hours, and cited it was the only reason he wouldn’t be going to jail that day.
“If you hadn’t completed those hours, there’d be police at the back of this court who would take you away to Maryborough Correctional Centre for a significant period of time,” he said.
“That is the only reason you’re not getting actual time.”
Marshall pleaded guilty and was convicted and fined $500 for breaching his community service order.
He was then sentenced on his previous charges from Cunnamulla.
For failing to appear he was convicted and sentenced to 1 month imprisonment, for entering a dwelling to commit an indictable offence he was convicted and sentenced to 9 months imprisonment.
For fraud he was convicted and sentenced to two months on imprisonment.
He was immediately granted parole on the condition he didn’t commit any more offences.
“If you stuff up on parole, you won’t be coming back to talk to me, you’ll be going straight to the Maryborough Correctional Centre,” he said.
“Have a nice day sir.”