James Nicholas Smith travelled to Thailand while on probation
A magistrate has questioned how a man subject to a probation order managed to freely leave the country and move to Thailand where he now has a wife, kids and business.
South Burnett
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A Queensland man who was on probation when he went to live in Thailand for two years claims he believed his probation order had expired while a magistrate has questioned how he was able to freely leave Australia in the first place.
James Nicholas Smith pleaded guilty at Murgon Magistrates Court on Tuesday to one count of the contravention of a probation order and was re-sentenced for breach of bail and failure to appear.
The 45-year-old told the court he rang Ipswich Corrective Cervices in 2021 to ask when his probation order would expire before planning his trip to Thailand.
“I was told the 4th of December my order ran out so I left on the 15th of December,” Smith said.
“I left to run my business in Thailand.”
Smith said he came back to Australia about three months ago to visit his son and grandson and to study for six months, when he found out about the charge.
He told the court he was studying to become a support worker.
Mr Sinclair asked the corrective services officer Aroha Waharai, who was in court, if people on probation went on a no-fly list.
“Not to my knowledge your honour but I’m uncertain of that,” Ms Waharai replied.
“Probation don’t require people who are on probation to surrender their passport for the duration of the probation order?” Mr Sinclair asked.
Ms Waharai said she didn’t believe so unless there were “triggered events” for that action to occur.
Smith was worried the new charge might mean he was unable to travel back to Thailand for a long period of time.
“I also have a partner in Thailand with a child who I’m supporting so it makes it hard if I’m unable to leave Australia”, he said.
“I own a business over there … it does need my appearance in person.”
Smith said he planned to go back to Thailand to become a social worker.
“Thailand is in need of social workers.
“I had a pretty bad past as a juvenile so I thought I could maybe help some people in life towards their future instead of being in trouble with the police all the time,” he said.
Mr Sinclair said Smith had a long history of breaching orders and periods of imprisonment throughout his adult life but acknowledged he pleaded guilty in a timely manner.
Smith was fined $250 and also re-sentenced and fined $500 for breach of bail and failure to appear.
He also received a three-month prison sentence wholly suspended for 18 months.
Mr Sinclair informed Smith he was able to freely travel as long as he didn’t commit any offences during his suspended sentence.
Convictions were recorded.
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