Windsor Court Report

Failed to comply with undertaking

The court has fined Michael David Smith, 45, Three Mile Plains, for knowingly uttering a threat to cause death to an individual and for, being at large on an undertaking and being bound to comply with a condition of the undertaking, failing without lawful excuse to comply with that condition, to abstain from any communication with an individual.

Smith entered a guilty plea Jan. 22, 2008 to the charge of uttering a threat to cause death to an individual. The matter was adjourned to March 4 for sentencing.

He entered a not guilty plea Jan. 22, 2008 to the charge of failing to comply with a condition of an undertaking by which he was bound. The matter was adjourned to March 4 for trial. However, Smith changed his plea to guilty on the charge prior to the scheduled trial.

The court handed Smith a suspended sentence with 12 months’ probation on the two charges March 4. The court granted a secondary DNA order in relation to the charge of knowingly uttering a threat to cause death to an individual.

Smith committed the offence of knowingly uttering a threat to cause death to an individual by telephone in Three Mile Plains Dec. 17, 2007. Smith committed the offence of failing without lawful excuse to comply with a condition of an undertaking by which he was bound in Windsor between Dec. 26, 2007 and Jan. 2, 2008.