Driving, Drugs and Domestic Violence

SCONE Court resumed for 2016 yesterday, with hearings being held today.

Magistrate Darryl Pearce presided, with Magistrate Roger Prowse scheduled to return in February.

Predominantly the cases related to driving, drugs, domestic violence and a smattering of theft.

Magistrate Pearce said the court was concerned about the supply of methamphetamine in Scone, commonly referred to as ice and that it would cause community concern.

There were a considerable number of young males in our community who were convicted of various driving offenses, including driving on suspended licenses, driving drunk, driving under the influence of drugs, excessive speed, reckless and dangerous driving.

The matters addressed in court this month included:

• Thomas John Fulljames pleaded guilty to mid-range prescribed concentration of alcohol, with a reading of 0.137 and will return on February 18 for sentencing.

• Alexander Rattray appealed on charges of dangerous driving occasioning grievous bodily harm drive manner dangerous, negligent driving occasioning grievous bodily harm, and not keep left of dividing line. The vehicle is still undergoing forensic investigation and he will appear back in court on March 24.

• Danny Jonathon Myers pleaded guilty to low range drink driving. The Magistrate asked why he was driving and the defendant said he had only had seven beers over five hours and thought he would be fine to drive. The Magistrate said with his record he did not think he should contemplate drinking anything and driving and it was unfortunate that it was not a gaolable offence. Adding that if it had been Mr Myers would have been going to gaol today. He described Mr Myers driving record as disgraceful and instructed him to hand in his license and not drive for six months.

• Aaron Ken Cochrane was charged with drive recklessly/ furiously or at a speed/manner dangerous. He plead guilty to the charge. On September 24, 2015 at approximately 6pm Mr Cochrane was driving on Liverpool Street and crossed to the wrong side of the concrete centre island and entered the roundabout at Middlebrook Road on the wrong side, whilst speeding. His solicitor said the 20 year old who lives at Glenbawn Dam, needed to drive to work, attends TAFE in Muswellbrook and had showed contrition. The magistrate said it was a serious incident and someone could have been killed by his behaviour. He said the defendant should have realised the risks of what he did. The Magistrate said he wanted to send a message to the defendant and the community that this kind of driving is unacceptable and he disqualified Mr Cochrane from driving for 12 months and ordered him to pay a fine of $1,000. (Please note the spelling of “Aaron” has been changed from the original post).

• Jason Tolmie plead guilty to drive with low range prescribed concentration of alcohol. The Magistrate questioned if the defendant was trying to put himself in the graveyard. The defendant said he had been out for tea, he’d had a rough year with his house burning down, felt depressed and had a couple of drinks. The Magistrate asked if he was getting treatment for depression, explaining there were lots of people who have depression, but they don’t drive into a telegraph pole. Mr Tolmie was on two bonds at the time. He was disqualified from driving for six months and ordered to pay a fine of $700.
• Cameron Gidley-Baird was granted his request by the Magistrate to make a deposit of $500 cash instead of reporting daily to the police as part of his bail conditions. Mr Gidley-Baird is on bail for a warrant issued out of Cooma. He is due in court at Muswellbrook on February 15.

• Taylor Shiralee Pallaton presented on charges of destroy or damage property of less than $2,000, contravene prohibition restriction in an apprehended violence order and assault officer in execution of duty. She entered a plea of not guilty and will appear in court on April 22.

• Thomas McInness pleaded guilty to two counts of possess prohibited drug. The Magistrate asked what kind of drugs were in his possession and the defendant replied cannabis and ice (methamphetamine). The Magistrate asked why he had ice and the defendant said “I have no idea”. The Magistrate asked if he acquired the ice in Scone and he said yes. The Magistrate cautioned the defendant that it was a very dangerous drug and asked why he was also in possession of cannabis. The defendant said it was for back pain and the Magistrate said “well you go to the doctor for pain.” The Magistrate noted the defendant had presented on charges of cannabis possession in 2013 and said he had now “upped” to ice. The Magistrate instructed him to appear before Muswellbrook Local Court for assessment for the Magistrates Early Referral Into Treatment (MERIT) programme in an attempt to educate the defendant and cautioned “otherwise you’ll find yourself in gaol”. The Magistrate noted it was a concern to the court and the community that there was a supplier of ice in the town.

• Andrew McDonald presented on charges of negligent driving, unlicensed for class C, R, LR or MR and drive vehicle under the influence of alcohol/other drug and plead guilty. On October 31, 2015 Mr McDonald crashed into a premises on Segenhoe Street, Aberdeen, after consuming alcohol at the Commercial Hotel. McDonald was ordered to appear in court for sentencing on February 18 and complete a Traffic Offenders Programme. The Magistrate stated to Mr McDonald’s solicitor, “I need him to participate, not just turn up.”

• Shane Patrick Brown pleaded guilty to not holding a firearms licence, firearm not registered, possession of ammunition and shooting kangaroos without the relevant permits. Mr Brown had been shooting kangaroos on the property of “Tyrone”, on October 25, 2015, with police pulling over the white Toyota landcruiser on the Common Road. The Magistrate said it was a significant matter and adjourned the sentencing until March 24.

• Troy William Devenish was charged and plead guilty to two offences of possess prohibited drug at Merriwa. He was found to have 1.5 grams of cannabis and 0.5grams of methamphetamine. Sentencing was adjourned to Tamworth Local Court on February 29.

• Ashleigh Allison-Woods against Burton Civil Engineering Contractors Pty Ltd. A traffic incident occurred at Sydney Olympic Park where Burton Civil Engineering placed concrete barriers and it is alleged did not provide adequate notice with reflectors and caused damage to MR Allison-Wood’s vehicle. Mr Allison-Woods sued for the replacement value of his damaged trailer which was written off. The Magistrate set aside the default judgement previously entered against the Defendant and adjourned the matter to February 18, advising it would be good if the matter was settled before then.

• Ian Vaughan against Eric Fernihough: No parties presented concerning a fencing issue between the two neighbours and the case was dismissed.

• Kevin Sales was charged with four counts of goods suspected stolen in / on premises at Turill. No plea was entered and the matter was adjourned until February 18 for plea or mention.

• Michael John Rolfe pleaded guilty to drive with middle range prescribed concentration of alcohol 0.094. He was charged with same offence in 2012 and Low Range PCA in 2009.The Magistrate referenced Mr Rolfe’s drink driving history including a gaol sentence imposed by the Local Court that had been replaced with a good behaviour bond when the District Court had shown him mercy on appeal. The Defendant was again back before the court for drinking and driving. The Magistrate said he didn’t know any other legislation, with perhaps the exception of domestic violence, that received so much publicity and “yet people like you continue to breach the law”. The Magistrate said only because of the reading he had decided not to send him to gaol, however as a deterrent said if he continued to drink and drive he would go to gaol to get the message. He ordered him to do 150 hours community services, was made to pay $800 and disqualified from driving for nine months. After which time he will have 24 months of interlock program and pay $2000 for its installation. The Magistrate said he hoped that would protect the community stating to the defendant that “that’s what I’m here about, not you.”

• Afag Chinmouth appeared for driving while licence suspended to which he plead guilty. The magistrate warned he was now facing going to gaol for breaching the suspended sentence for reckless wounding imposed at Tamworth District Court on 3.12.2015 and adjourned the matter for sentencing on March 24.

• Logan William Connelly was charged with drive whilst suspended and was facing other sets of the same offence in Singleton, with the defence and prosecution recommending all matters be heard in Singleton. The matter was adjourned to Singleton to be heard on January 28.

• Elizabeth Louise Irwin pleaded guilty to mid-range drink driving, with a reading of 0.080. The matter was adjourned to February 18 for sentencing.

• Kieran John McGrath pleaded guilty to possession of prohibited drug, which was cannabis and was fined $500.

• Sheree Fay Madden pleaded guilty to both hinder police and negligent driving. It was noted she had two children in the car with her at the time. The Magistrate commented that she “had little regard for them.” Ms Madden’s solicitor said she had moved to Queensland in an effort to make a fresh start and had shown commitment by travelling to appear in court and put the matter to rest. He argued she should not have her licence suspended The Magistrate directed her to pay fines totalling $800.

• Corey John Kilroy pleaded guilty to having custody of an offensive implement in a public place and possess prohibited drug 0.93gms of cannabis, possess prohibited drug and another offence of shoplifting at Coles in Scone to the value of $27 being for a lighter and a tube of face wash.

• Damon Pringle appeared for breach of bail in reference to charges of supply amphetamine 5.52grams at Hexham in October 2015. The Magistrate said he was on serious charges and any further breaches may result in him staying in custody. Other charges relate to possession of prohibited drugs and stolen property in Scone on November 6, 2015. The quantity of drugs were 1.4 grams of Cannabis, 1.0grams of amphetamine and 0.6gms of methamphetamine. The matter will be heard on January 27 in Newcastle.

• Zac Cummins was charged with eight counts of receive / dispose of stolen property indictable offense less than $5,000, eight counts of goods suspected stolen in or on premises, one count of unlawfully possess number plates and possess prohibited drug. The matter was adjourned until February 18.

• Jessica Farrell appeared on three offences of larceny and will return to Scone Local Court on March 24.

• Michelle Farrell appeared on charges of shoplifting goods to the total value of less than $2,000, goods in personal custody suspected of being stolen, three counts of larceny, receive/dispose of stolen property indictable offence of less than $5,000 in value and two counts of dishonestly obtain property by deception. Ms Farrell did not enter a plea and the matter was adjourned to February 18 for her to secure legal representation.

• Aaron Lloyd Battishall pleaded not guilty to exceeding the speed limit on New England Highway, Scone and is due to reappear on April 22.

• Brandan John Ellis pleaded guilty to charges of contravene prohibition / restriction in apprehended domestic violence order and two counts of maliciously destroy or damage property. It is alleged that on October 17, outside the Scone RSL Mr Ellis smashed the rear windscreen of a Toyota Camry belonging to Anita Kennedy and an iPhone belonging to Amber Kennedy. The Magistrate said that “I’m looking at gaol here” and instructed the solicitor to look at any options other than gaol to present when he reappears for sentencing on March 24.

• John Andrew Bowditch was found guilty of common assault and will appear for sentencing on March 24.

• Terry Austin Brodigan charged with middle range prescribed concentration of alcohol with a reading of 0.10 at Bunnan on 19 December 2015. The matter was moved to Tweed Heads Local Court on February.

• Colin James Dries did not appear on a charge of possess prohibited drug, namely a 1 x 65cm cannabis plant and the matter was adjourned until February 18 for Police to serve him with a Court Attendance Notice.

• Benjamin Alan Gornall failed to appear in court for the charge of drive motor vehicle during disqualification period and a warrant was issued for his arrest. The Magistrate also note that he had breached a good behaviour bond imposed on him on 18.5.2015.

• John Richard Love was a novice driver, charged with novice range prescribed concentration of alcohol. He was convicted, fined $400 and his license was disqualified for three months.

• Jarre Kye Ward did not appear in court to face charges of common assault and the matter was adjourned until February 18.

• Michael Thorne was ordered to complete the Traffic Offenders Programme for four counts of drive while suspended. He will appear for sentencing on March 24.

• Ethan Oscar Rivers Brown plead guilty to drink driving having blown 0.11 in a random breath test. He was also found to be in possession of 53.88 grams of cannabis leaf. Mr Brown was fined $1,200 and disqualified from driving for 3 months.

• Gaby Bell was found in breach of numerous bonds, has served gaol time and the solicitor recommended a forensic psychologist assess her. She is only 19 years of age. Ms Bell will be sentenced on March 24.

• Blake Moore appeared for sentencing on one charges of special category driver drive with special range prescribed concentration of alcohol with a reading of 0.37, two counts of drive motor vehicle during disqualification period, and police pursuit non-stop drive dangerously. At 2am on September 6, police activated their warning devices to conduct a traffic stop of the Toyota Landcruiser Mr Moore was driving. Instead Mr Moore travelled at speed south on Nandowra Road. Police estimate he would have been driving in excess of 140 kilometres an hour (Please note in the initial post there was a typographical error stating the speed was 170, which was incorrect). Mr Moore turned left onto Dartbrook Road and travelled east towards the New England Highway. When Mr Moore reached the New England Highway he turned left and travelled north for 300 metres before turning into Segenhoe Road at speeds of up to 140 kilometres an hour. Mr Moore turned right onto Allan Bridge Road, left onto Glenbawn Road and right onto Segenhoe Road. Mr Moore then turned right onto Gundy Road and continued through the township of Gundy at speeds of up to 120 kilometres an hour. Mr Moore then turned into Waverly Road and then down Scott’s Creek Road, where Mr Moore and the other two occupants fled the vehicle into a paddock. All three were apprehended by police. Mr Moore stated to police repeatedly “I’m sorry. I don’t know what I was thinking.”

• Sonja Grace Tranter plead guilty to possession of cannabis, but not guilty to the charge of cannabis supply. Ms Tranter had no legal representation and the matter was adjourned until February 18.

• Adam Benjamine Coster presented for sentencing on use of an unregistered vehicle. The vehicle registration lapsed on July 12, 2015 and he was found by police to be driving the vehicle seven days later. The Magistrate said Mr Coster had a good record and dismissed the case without proceeding to conviction.

• Ashley George Morgan failed to appear in court on common assault charges, as he was in custody in Cessnock. The matter was adjourned until the Feb 18, 2016.

• Ivan Leslie Little-Hales and Benjamine James Little-Hales pleaded not guilty to charges of assault and drive recklessly/furiously or speed/ manner dangerous. Those charges were withdrawn by the prosecution and replaced with charges of offensive behaviour and not give way when exiting from a parking area, to which the defendants pleaded guilty. They were convicted and each placed on a good behaviours bond for the offensive behaviours charge and fined $400 for the other charge.The two men had attended an 18^th birthday party on January 31 in Merriwa. They had an argument with another guest at the party, when Ben Little-Hales approached the scene of the arguing with the shovel from his Ford utility and Ben and Ivan were both urged by other party goers to leave.The two men proceeded to leave the party, with the argument continuing at times. When Ben Little Hales exited the driveway onto Marquet Street he failed to give way, forcing a passing motorist to break heavily to avoid a collision. Ivan Leslie Little-Hales was driving a separate vehicle and also failed to give way to a passing motorist.

 Read: Other Court Reports.