Scone Court Report: April 2019

MAGISTRATE Prowse offered many pearls of wisdom when Scone court sat on Thursday, most notably his “cunning one-point plan” to ensure you are not sentenced to gaol which is simply “don’t commit any crimes.”

He was annoyed by the number of licence appeals which came before the court, with no information provided by the Roads and Maritime Services, pointing out this was the direct result of what public servant cut backs mean to the frontline.

The lack of an audio visual link (AVL) in Scone Court was also highlighted by Magistrate Prowse with him pointing out that state services should be rolled out across the whole state not just select parts of it and that NSW did not stand for Newcastle-Sydney-Wollongong. There were several matters where the Magistrate wanted to give the offenders a period of time to show good behaviour but said due to the lack of an AVL it was not fair to inconvenience the people coming before the court to have to travel back to Scone to reappear. Others he pointed out seemed only to be able to come to Scone to offend but not to appear before the court for their offence. See related story: Editorial: Robbing Local Courts.

Perpetrators of domestic violence were the subject of most of his wrath, with him claiming the real scourge of terrorism in this country is domestic violence which makes headlines every week and results in the deaths of many women.

Matters before the Scone court included the following:

ALLAN, Todd Stanley, a 22 year old from Tamworth had a charge of use vehicle not comply emission/silencer/noise. The accused Mr Allan, wrote to the court stating the matter could be dealt with in his absence, however the police prosecutor was not given the details of the offence and could not clarify what kind of emission caused the offence. Magistrate Prowse said in the absence of any information he would not make a conviction and adjourned the matter to Tamworth court on May 20.

BAKER, Sharon Elizabeth, a 46 year old from Tomalla pled guilty to charges of disobey no trucks sign (length) – Galston Gorge – camera. Ms Baker explained to the court she had been delivering horses to Dural and encountered congested traffic on Pennant Hills Road in Sydney, due to an accident. She relied on her GPS and was led through Berowra. Magistrate Prowse said she had truly become lost to drive through such a suburb and said the only reason you’d be in that suburb was if you had at least $1million to be there. Ms Baker laughed and agreed. Magistrate Prowse asked how long the length of vehicle was and Ms Baker explained it was a six-horse trailer which she estimated to be seven yards long. Ms Baker confirmed it was registered as a truck. She said she realised she was going in the wrong direction and tried to find a safe place to pull over and head back towards Pennant Hills Road. Ms Baker said it was an honest mistake and in hindsight she would not have relied on the GPS. Magistrate Prowse mused he didn’t realise there was a knackery in Dural. He also noted the Roads and Maritime Services had not appeared or sent any materials in relation to the offence and said he had to accept the account by Ms Baker, “I have to accept whatever you say unless it is outrageous and no part of it sounds outrageous…I accept that you got lost”. Magistrate Prowse said the charge was proved but dismissed.

BATES, Jason Wayne, a 39 year old from Merriwa appeared on a charge of stalk/intimidate intend fear physical etc harm. On the last occasion the matter came before the court Mr Bates was to undertake a mental health assessment, however on this occasion in court the assessment was withdrawn by Mr Bates and he entered a plea of guilty. Mr Bates’ solicitor argued that Mr Bates had served in the military for four years but had an incident which caused him great distress. The solicitor argued that the emails he had sent the victim while inappropriate, since he was moving to Port Douglas, a conditional release order would be appropriate. Magistrate Prowse said, “No! Certainly it isn’t, you only need to read the facts to know it isn’t.” The solicitor argued that Mr Bates could be supervised, however Magistrate Prowse said the underlying genius of the sentencing Act was that supervision would not be possible, to transfer between state jurisdictions. “The intellectual giants in the state and federal governments over more than 100 years have not managed to resolve this – they even spoke about the constitution for 20 years before it came into effect in 1901, probably a three year old screaming in the back of a car could have sorted it out.” Mr Bates’ solicitor then argued perhaps a Community Corrections Order in line with treatment recommendations such as attending drug and alcohol counselling and regular alcoholic anonymous meetings would be suitable. However, Magistrate Prowse said it would be non-sensical to make condition which were unenforceable. “He committed the offence by email so distance isn’t a problem, so he could have been in Uzbekistan, distance is not a problem.” Magistrate Prowse then read statements from the emails, “I’m going to smash all you cunts before I leave especially you, you fucked bitch!” There were also comments saying that Mr Bates would never be happy until he causes the victim the grief and loss he feels he has suffered. Magistrate Prowse rejected Mr Bates’ claim that he was drunk at the time of writing the emails and did not recall writing them or sending them. “With the greatest respect at your suggestion you were too drunk to know what you were doing is pure drivel – I’ve done lots of research on this – you can’t construct sentences when you are so sloshed you can’t remember but the sentence construction of your diatribe suggests you were in full control at the time when you typed the messages and sent them. If I was a family court judge – thank the law I am not – I’d be seriously considering not allowing you access to the children. We see the headlines each week – when they talk about the scourge of terrorism – domestic violence is the greatest terrorism this country faces and you’re up to your armpits in it!!” Magistrate Prowse explained that because Mr Bates was moving away “you can’t be supervised and therefore the only penalty is convicted and fined $1,500”.

BILLINGHAM, Kathleen Margaret, a 40 year old from Wallabadah had a charge of drive motor vehicle while licence suspended. Ms Billingham was in custody for other matters and the matter was adjourned until May 6 in Tamworth.

BOTT, Aaron Jason a 37 year old from Scone appealed to the local court a decision of the Roads and Maritime Services. Mr Bott’s solicitor explained he was driving a back road to Newcastle with his family in the car when he was found doing 111km/hr in an 80km zone. Mr Bott’s solicitor said he had no speeding record for 10 years, but had had a mid-range drink driving offence shortly after he obtained his licence. The solicitor argued he was of good character and needed his licence to be able to do his job as the blood stock manager for AQUIS horse stud. Magistrate Prowse said his opinion of race horses is “they are as yet unprocessed dog food”. He asked if the horses were able to look after themselves during the days of the week when Mr Bott was not present? He also said he was struggling to find in the documentation what a blood stock manager did. Mr Bott’s solicitor explained her had to attend many client meetings and race days. Magistrate Prowse questioned if he was “more of a hands-on role than a desk jockey role – no pun intended”. Magistrate Prowse went on to ask why he was speeding, musing he probably thought he could get away with it. Mr Bott’s solicitor said that he was not aware he was coming into an 80 zone, the children in the back were arguing and his wife had a sore neck. Magistrate Prowse said he “will be tense driving out of Scone this afternoon” due to this matter being the third in which drivers said they were distracted. “One said they had a kid in the back, another said she was talking to a girlfriend and what was distracting him? Children arguing in the back – that’s unusual.” The solicitor said because his wife had a sore neck he needed to turn around to the children. “So he was actually looking backwards while travelling forwards at 111km an hour!” clarified Prowse.  Magistrate Prowse asked the age of the children and then rhetorically asked what Mr Bott would expect? “you could not have legitimately expected the kids to be kids?” questioned Prowse. The Magistrate went on to share a technique he finds useful, “I can yell at people while looking directly ahead! I can use my peripheral vision and you could even use the rear vision mirror – or pull over on the side of the road. I can still distinctly remember the sound of one’s father’s belt coming out of the loops in his trousers – as I understand it you’re not allowed to do that anymore – but you definitely don’t turn around! Ignore them or pull over.” Magistrate Prowse said he was glad Mr Bott had come to the realisation of the importance of his licence and was confounded that he could not mange two kids behaving like kids when he was a manager managing a range of priorities “a manager does 8 to 15 things at once – you don’t just walk around with a bucket and a shovel”. The Magistrate recommended he put into practice what he had learned at the traffic offender’s program and allowed the appeal. Before concluding the matter he noted Cr Bedggood had provided him a reference, which other defendants also had for their matters that day – “and another reference from Cr Bedggood I see.”

CAREY, Simon Sydney, a 24 year old from Culcairn, entered a written plea of guilty to a charge of drive with middle range concentration of alcohol. The offence occurred on February 15 at approximately 8:45pm near the Belmore Hotel in Scone. Police were driving past when they saw a ute reversing in the carpark and heard it collide with a blue commodore which was parked and unattended. The collision caused damage to the rear offside tail light and panel. Police stopped the ute driven by Mr Carey on Main Street as it was exiting the car park for a random breath test. Mr Carey denied knowledge of the collision and returned a reading of 0.99. Mr Carey told police he had drank three schooners of full-strength beer between 6pm and 8:30pm and had nothing to eat during that time. The matter was adjourned for sentencing in Albury on May 13.

CARTER, Alex David, a 22 year old from Toronto had charges of resist or hinder police officer in the execution of duty, intentionally mark premises etc without prescribed consent and possess graffiti implement with intent to contravene s4. The alleged offence occurred between 4:45pm and 5:54pm on November 14 in Scone when Mr Carter is accused of using blue spray paint to graffiti four ramps and two areas of bitumen within Scone Skate Park, had in his possession a blue can of “Dy-mark” branded spray paint and hindered Constable Ebony Moore in execution of her duty. A plea is to be entered and the matters were adjourned until May 23.

COTTOM, Matthew Paul, a 46 year old from Merriwa had a charge of damage property by fire/explosives greater than $5,000 and less than $15,000. The alleged offence occurred on August 27 in Merriwa when a Citroen panel van, valued at $10,000, belonging to Keith Richards was destroyed by fire. The van was parked at the rear of the IGA, in the carpark. See related story: Fire in Merriwa. The police facts state that Mr Cottom was refused alcohol by the IGA staff in early August and allege he became disgruntled. On August 27 at approximately 3am, Mr Cottom was observed on CCTV footage to be seen in the rear carpark of IGA and also walking east along Bettington Street, north along Vennacher Street and outside the Royal Hotel in Merriwa. He was observed to hold an object in his left hand and when the accused leaned over near a wooden seat a flame approximately 10 centimetres in length was seen coming from the object in his hand towards the seat. At approximately 3:15am the accused was observed in the carpark again and at approximately 3:40am a small fire developed near the Citroen. At 4am the fire brigade was called and extinguished the fire. Mr Cottom was arrested by police later that day and stated “I was there and tried to put out the fire, some kids started the fire.” The police noted in their facts that there was nobody else seen on CCTV in the area at the time. The matter was adjourned to Muswellbrook court on November 4, with a plea to be entered.

CROWLEY, Penelope Ann, a 42 year old from Blandford entered a plea of not guilty to a charge of owner of dog which attacks etc person etc. The alleged offence occurred on November 8 at approximately 5:30pm in Susan Street, Scone involving a tan bullmastiff owned by the accused. The matter was set down for hearing on July 18.

DAVIS, Joshua John, a 30 year old from West Tamworth failed to appear on a charge of possess or use a prohibited weapon without permit. The prohibited weapon as a butterfly knife. The matter was adjourned to Tamworth on May 6, with a warrant for arrest issued.

DIXON, Monique Louise, a 29 year old from Scone, had a charge of obtain property by deception and dishonestly obtain property by deception. The charges relate to $40.05 worth of E10 unleaded fuel belonging to the BP Service Station in Singleton at approximately 12pm on July 14. The matter was adjourned until May 23.

ELLIS, Goran, a 22 year old from Arimdale was in custody in Scone and applied for bail on charges including assault occasioning actual bodily harm. Bail was refused and the matter was adjourned to Tamworth court on April 23.

EVELEIGH, Brenda Joy, a 55 year old from Castle Rock appeared on a charge of steal property as clerk/servant greater than $15,000. Ms Eveleigh is alleged to have stolen $49,352.28 worth of property of Mclean Mechanical of Scone between October 2, 2015 and March 24, 2016. The matter was adjourned until May 24, with a plea to be entered.

FAR WESTERN STONE QUARRIES v Department of Planning and Environment, the Magistrate noted the matters had been before the court for two months with the facts yet to be settled. He instructed the legal representatives of both parties to settle the facts promptly so it could proceed. The matters were adjourned until June 20.

FISHBURN, Thomas Edward, a 34 year old from Scone appeared in court and pled not guilty to charges of good suspected stolen in/ premises, possess or use a prohibited weapon without permit, two counts of possess unauthorised pistol and owner/occupier knowingly allow use as drug premises and possess unauthorised prohibited firearm. The alleged offences relate to two black rifle scopes reasonably expected stolen, a pair of brass knuckle duster without permit, an unauthorised pistol black BB replica browning pistol, an unauthorised pistol black replica with scope without permit or licence, a prohibited firearm being a black model P226 automatic air pistol and that the premises in Scott Street, Scone was used for drug misuse and trafficking and that the owner or occupier knowingly allowed the premises to be used as a drug premises. The matters were adjourned until June 20.

GORTON, Cindy Lee, a 52 year old from Wingen, had three charges of refuse or fail to submit to breath analysis and one count of negligent driving (no death or grievous bodily harm), use vehicle on road or road related area m/v tax not paid, use unregistered registerable Class A motor vehicle on road and use uninsured motor vehicle. One of the offences for refuse or fail to submit to a breath analysis, to which she pled guilty, occurred on August 26 at approximately 10:50pm in Scone. When police stopped Mr Gorton they noticed her eyes were blood shot and she was slurring her words. Ms Gorton told the police to “fuck off, go and get some real criminals like the druggies.” When the police said they would perform a breath test she responded “I ain’t fucking doing it.” She repeatedly refused to cooperate with police and the police then took her out of her vehicle and placed in her the back of the back of the police vehicle. At the police station she continued to refuse to have a breath analysis adding “I don’t care, I have the best solicitor on the country and I’ll get off this on mental health.” While in custody the also laughed at police saying, “I’m too smart for you I got charged for drugs and firearms and I got off it at Court and I’ll get off this as well.” Ms Gorton also pled guilty to charges of negligent driving (no death or grievous bodily harm), use vehicle on road or road related area motor vehicle tax not paid, use unregistered registerable class A motor vehicle on road, use uninsured motor vehicle, drive motor vehicle while licence suspended and two counts of refuse or fail to submit to breath test. The charges relate to Ms Gorton’s driving on November 7 at approximately 5:10pm in Parkville, when Ms Gorton veered into the Northbound lane of the New England Highway, near the Cressfield Road intersection, continuing off the side of the road. Ms Gorton was hostile to witnesses who stopped to check on her welfare. She exited her vehicle and hide behind the tree line of Cressfield Stud. When police approached her she refused to submit to a breath test telling them, “Fuck off, I won’t do it I refuse”.

Magistrate Prowse noted the refuse breath analysis charge was equivalent under the law as a high range prescribed concentration of alcohol. Ms Gorton’s solicitor argued the matters should be dealt with under the mental health Act, however the prosecutor argued that they were serious offences and she was aware of her behaviours referring to the police facts where MS Gorton said, “I could have killed somebody, I could have wiped out a family.” The Prosecutor also noted Ms Gorton was found hiding behind the tree line to avoid police and it should indicate to the court the consciousness of guilty. The Prosecution argued this case should serve as a general deterrence to the community. Ms Gorton’s solicitor argued diversion is the key for the safety of the community and the court would be better served dealing with the matters under the mental health act.

Magistrate Prowse said Ms Gorton certainly seemed very clear when she told the police to “fuck off” and that “she will get off on mental health and that shows insight into what she has done and in November she repeated those comments, it indicates a significant degree of insight.” He then read parts of the police facts where she was swearing at police and said, “I know I shouldn’t have been driving I fucked up.” Magistrate Prowse adjourned the matters until November 4 to see if Ms Gorton can demonstrate that she has engaged with services and interventions. He cautioned Ms Gorton that she needed to seize the opportunity “not because you’ve shown the coppers you’ll be getting off, but show that you have turned a corner.

GRIFFITH, Andrew a 32 year old from Aberdeen appealed to the court, regarding a decision of the Roads and Maritime Services. Mr Griffith explained he finished an eight-hour shift before driving from Scone to Bathurst and did not notice the speed limit change from a 100km zone to a 50km zone; which was his first ever speeding offence. Mr Griffith said he regreted the error and said he would modify his behaviour in the future such as taking half a day off work before driving a long distance, or plan trips for the day after work to get a good nights sleep and be more alert in future. Magistrate Prowse voiced his frustration that Scone Court did not have a basic audio visual link (AVL) system saying he would have held the matter over to see if Mr Griffiths would make good on his word. Of the AVL system he said, “they haven’t as yet come to the conclusion that Scone warrants consideration like other places and will inconvenience you and other people.” Of Mr Griffiths matter he noted a change in address and told Mr Griffiths to change his address with the RMS immediately as the prosecutor is also “an undercover copper – but don’t tell anyone”. The courtroom erupted with laughter and Magistrate Prowse continued, “He’s taking note of your need to change address and even though you can’t see it, the mothership is up there tracking you. The appeal is allowed, off you go.”

JONES, Jared Stephen, a 33 year old from Mudgee appeared and pled guilty to a low range prescribed concentration of alcohol, breaching a bond on a mid-range prescribed concentration of alcohol offence. Mr Jones had a history of drink driving including a low range offence in April 2004, a high range offence in September 2012 before the current matters of a mid-range offence in February 2018 for which he was given a one year good behaviour bond and another low range offence on January 28 in Merriwa. The solicitor for Mr Jones said he recognised he had crossed the line with the recent low range offence, to which Magistrate Prowse said, “he crossed the line when he went mid-range, it must have been the quality of representation which saved him then.” Magistrate Prowse established that Mr Jones was now residing with his parents in the Scone area and said he clearly had “some enormous difficulties with use of alcohol you continue to abuse and continue to offend – public safety is paramount to be considered.” Magistrate Prowse said that the worst sentence which can be given for the low range offence was a fine, but it had no gaol term attached to it. However, he noted breaching the bond on a mid-range offence is a different matter and he ordered a sentencing assessment report. Magistrate Prowse suspended Mr Jones’ licence for seven months while he underwent assessment to see if he may be eligible for home detention. “Your entitlement to drive has just stopped, don’t drive anything under any circumstances whatsoever and next time you do have a licence an interlock will be on your vehicle.” The matter was adjourned until May 23.

KELLY, Jason Charles, a 46 year old from Muswellbrook pled guilty to a charge of drive with high range prescribed concentration of alcohol. The offence occurred on December 22 in Muswellbrook at approximately 11pm when Mr Kelly returned a reading of 0.254. A member of the public had contacted police in relation to a vehicle hitting a telegraph pole at the intersection of Maitland Road and Sydney Street. Mr Kelly said he had consumed approximately 10 to 12 schooners of Toohey’s New beer and two cans of Canadian Club whisky since 3pm that day and did not recall when he had his last drink.

Magistrate Prowse noted the court had made it clear to Mr Kelly when he appeared on February 4 that a pre-sentence report was requested and Mr Kelly had failed to contact community corrections to obtain the report. Mr Kelly said he didn’t recall needing to contact corrections for the report. Magistrate Prowse questioned why he should not therefore be going straight to gaol. Mr Kelly explained he had experienced the loss of a parent in the period since and was not aware he was supposed to get a report. Magistrate Prowse said he understood the loss of a parent could cause people to become “discombobulated” and gave Mr Kelly another opportunity to obtain the report before sentencing. “If you don’t get an assessment to get a community based option then you will be going to gaol!” Mr Kelly was convicted of the charge and disqualified from driving. The matter was adjourned for sentencing until June 20.

KIEM, Dylan James, a 26 year old from Muswellbrook appeared and pled guilty to charges of possess prohibited drug, goods in custody suspected stolen, possess suspected proceeds, money/property less than $100,000 and drive motor vehicle while licence suspended. He pled not guilty to a charge of supply prohibited drug small quantity. The charges related to 2 grams of cannabis in a small black tin, $1,700 in cash, $3,650 in cash in a small metal lock box and driving on Kelly Street, Scone while licence suspended on February 11 in Scone at approximately 11:15am. The matters were adjourned until June 20.

KNIGHT, Deanna, a 24 year old from West Tamworth had charges including drive motor vehicle during disqualification period – second offence, exceed speed limit more than 30km/hr, not give particulars to owner of damaged property, drive recklessly/furiously or in manner dangerous and four counts of enter enclosed land not prescribed premises without lawful excuse. The matters was adjourned to Tamworth on May 13.

LANE, Melissa, a 44 year old from Mogo, appeared in court and pled not guilty to charges of drive motor vehicle during disqualification period and possess/attempt to prescribed restricted substance. The alleged offences occurred between 2:25pm and 3pm on October 16 at Gungal when Ms Lane was found driving and had in her possession a prescribed restricted substance which was 35 tablets of SIFROL. The matters were adjourned until July 19 for hearing.

MATTHEWS, Jason Raymond, a 45 year old from Scone had a charge of possess prohibited drug, which was 4.1 grams of cannabis leaf the alleged offence occurred on February 2 in Cessnock. The matter was adjourned until May 23.

MCDOUGALL, Steven, a 35 year old from Scone, failed to appear on charges of drive licence suspended, drive vehicle under influence of drugs – second offence and use light vehicle not comply with tyres standard. The alleged offence of drive while suspended occurred at approximately 4:50pm on March 10 in Scone and the other two alleged offences occurred at approximately 1:57am on the M1 near Cooranbong when Mr McDougall returned a positive reading for methylamphetamine and had tyres with less than 1.5mm of tread. The matters were adjourned until May 23 with pleas to be entered.

MCPHEE, Lisa Jane a 17 year old from Scone made an appeal to the court of a decision of the Roads and Maritime Services. Ms McPhee had been driving on Rouchel Road when Ms McPhee was speeding in an 80km zone. Ms McPhee had completed the traffic offenders program and needed her licence to drive to school where she was often required to stay after school hours and for tutoring after hours. Ms McPhee said she was distracted by her female passenger and they were talking at the time of the offence. Magistrate Prowse said, “here I was thinking women can multitask, they can think, talk and act at the same time, which the other 50 percent of the population struggles with, but she can’t. How are we going to stop her killing herself or her friend?” The RMS failed to provide details of the offence to the court and Magistrate Prowse voiced his frustration at the ineptitude of the RMS and said he had to therefore rely on the accused and her solicitor to provide the details. The offence had occurred on January 27, which Magistrate Prowse noted was the long weekend, “where we celebrate the opening of the prison colony, only Australia could have that as it’s sensational day, so we could all be in awe of how our penal colony has moved so far, or not as it were…it is one of the three killing seasons – Easter, what Christians erroneously call Christmas and our National day – not to say we aren’t killing each other on other days, but they are the concentrated ones.” Magistrate Prowse advised Ms McPhee if she is unable to do two things at once then she should just concentrate on one thing. He asked what she thought that one thing might be and she replied “speed”. Magistrate Prowse corrected her and said focusing on your driving is best, “speed is only one aspect of driving, there are things all around you so concentrate eon your driving, not just your speed.” Magistrate Prowse noted Ms McPhee had only had her provisional licence for one month which he described as the target zone for accidents and deaths. “Thankfully you avoided being one of those.” Magistrate Prowse said he would have liked to have held the matter over so that he could observe Ms McPhee’s driving over a period of time, but again voiced his frustration that Scone court did not have audio visual link facilities to follow up on the matter. “If the government would provide facilities that others have then I would have put the matter over to see if you could get that through, but it seems NSW means Newcastle, Sydney and Wollongong and I’m not sure why you should be inconvenienced because it should be provided to all parts of the state, not just some parts of the state.” Magistrate Prowse then went on to say “sometimes in life you are given one opportunity, you’ve had yours and the worst was a ticket and coming before me, but that’s actually the best, as we’ve been through what the worst could be – thanks for coming!” The appeal was allowed.

ERZI, Gregory Samuel v RMS. Mr Erzi was caught riding a motorbike at 112km/hr in an 80km zone at Parkville. Since the offence Mr Erzi’s solicitor said he had ceased drinking alcohol, moved to Scone, gained employment and completed the Traffic Offenders Program. Magistrate Prowse asked what motorbike Mr Erzi rode and he responded it was a Harley-Davidson. Magistrate Prowse, himself a motorcyclist, seemed unimpressed and questioned, “is that because no good ones were available?” Magistrate Prowse said there was absolutely no “excuse whatsoever for not even moderating your speed going through Parkville – a total distance of about 450 years – on a motorbike you have the exhilaration as you get to 100 to give it a bit of a tickle-up but you chose not to do it, so these are the consequences – the appeal is dismissed, so thanks for coming!”

MURPHY, Jill Margaret, a 52 year old from Murrurundi was excused from court but pled not guilty to charges of drive recklessly/furiously or speed/manner dangerous and common assault. The charges relate to driving on the New England Highway in Murrurundi on August 30 and the assault of Christopher Caslick. The matters were adjourned until June 21 for hearing

MURRAY, Anna Megan May, a 39 year old from Moree failed to appear on a charge of drive while licence suspended. Ms Murray was convicted and a warrant was issued for her arrest.

NOVOTNY, Nicholas, a 27 year old from Merriwa, appeared in court on three charges of drive motor vehicle during disqualification. Mr Novotny’s solicitor said her client had not had the opportunity to complete the Traffic Offenders Program, to which Magistrate Prowse said, “he can do it when he gets out” and went on to explain “you are not allowed to have a car inside a 6 by 3 foot cell.”  Mr Novotny’s solicitor said he begun offending in 2010 at 18 years of age and in 2015 he moved to Victoria and served a gaol term of nine months on charges for drugs. Whilst in gaol he suffered significant injuries including the loss of three fingers, was stabbed in the thighs, knees and back. When he was released he met his fiancé and approximately 12 months ago moved to the Upper Hunter to help his father on the farm. She pointed out there had been a gap from 2015 to the current offences – except for a possess prohibited drug and driving offences. Two weeks ago he moved to Merriwa with his fiancé for a quieter life so that he could walk where he needs to go and will not use a car. His solicitor said Mr Novotny did not think driving offences would impact his new life and pled with the court that due to his change in circumstances and the importance of his family, where he was a stay at home dad and had little chance of working again due to his injuries that lenience should be given. She argued that gaol had done him “the world of good” as he no longer did drugs and had been compliant with his medication and counselling and asked if the Magistrate would consider home detention for any term of imprisonment. She also said his fiancé would have great difficulty without his support. Magistrate Prowse said, “women have coped since the garden of Eden, since men have let them down. God started with the prototype then created women!” The Magistrate noted Mr Novotny’s consistent driving, despite his disqualification and on the third occasion of being pulled over by police said, “I’m disqualified and I got one not long ago.”

Magistrate Prowse noted he pled guilty at the first available opportunity, but revoked the community service order and then re-examined the sentence for an offence of driving while disqualified which had the aggravating features of driving with a female and child in the vehicle and speeding which brought him to the attention of police; he was travelling at 129km/hr in a 100km zone. Magistrate Prowse then asked the rhetorical question, “why disqualified? Your traffic record! There was a period of disqualification imposed upon you – you took the opportunity and you spat on it effectively – you were on a bond when you were charged on the 11^th of January.” Magistrate Prowse said there was no reason for him to have been driving, “I’ve been to Merriwa and you can walk from one end to the other in a very short period of time.” Magistrate Prowse noted it was his fifth drive while disqualified and went through a lengthy list of offences on his driving record and criminal record. “Even after you were busted by the coppers you kept driving! One looks at the sentencing assessment report to see if there is any scope – and there isn’t!…to impose community based option would be an abrogation to the court to protect the community – well the easy ride has finished!” Mr Novotny was given an aggregate sentence of 16 months gaol with a non-parole period of 8 months. “Take him away thanks!”

PORTER, Dominic Christopher, a 37 year old from Mullion Creek, appeared in court and entered a plea of guilty to a charge of drive with low range prescribed concentration of alcohol. The offence occurred at approximately 8:45am on January 26 at Raymond Terrace when Mr Porter returned a reading of 0.050. Mr Potter told police he had consumed approximately ten 375ml cans of Toohey’s New beer between 5:45pm and 9pm on Friday, January 25. Had a male passenger at the time of the offence. The matter was adjourned until July 18.

POTTER, Zoe Nichole, an 18 year old from Scone made an appeal to the local court of a decision of the Roads and Maritime Services. Ms Potter’s solicitor said she was attending Macquarie University studying psychology and hoped to change to a law degree. Ms Potter worked at Woolworths and Morgan English solicitors and had good character references. Magistrate Prowse again noted there was no information supplied by the RMS for the matter and had to rely on the account from Ms Potter’s solicitor “when you cut back public servants left right and centre and then say it doesn’t  impact on frontline services – this is a live example!” Ms Potter had been travelling 118km in a 100km zone. Ms Potter’s solicitor said she had been distracted by her three year old brother who was in the back seat at the time of the offence. Magistrate Prowse said, “three year olds are nothing other than noise machines, they take food in and push it out at enormous rates and make an enormous amount of noise – if there is a kid strapped in the back you have to accept that will happen. Turn on the radio or put on the 98^th play of ‘the wheels on the bus go round and round’ or to block out the noise from behind – as opposed to being distracted, taking your eyes off what you are doing and smack into a tree – because then the noise from the back seat will be different or come to an end.” Magistrate Prowse noted the enormous effort Mr Potter was going to for her employment and her study and asked when she needed to return to Sydney. Ms Potter’s solicitor explained she would be driving back after ANZAC Day. Magistrate Prowse made a variation to her suspension period, making it seven days and would allow her to drive on April 25.

ROBBINS, Barry John, a 57 year old from Murrurundi, appeared in court and pled not guilty (to ten charges including two counts of break and enter house etc steal to the value of less than $60,000, two counts of larceny greater than $5,000 but less than $15,000, two counts of enter enclosed land not prescribed premises without lawful excuse, one count of larceny value greater than $2,000 and less than $5,000, one count of enter building/land with intent to commit indictable offence, destroy two counts of destroy and damage property. The offences are alleged to have occurred between 12pm on June 11 and 6pm on July 12 in Merriwa. The matter was adjourned until August 23 for hearing.

RUMBEL, Alexandra Lisa, a 24 year old from Tarro, pled guilty to a charge of exceed speed by more than 20km an hour. Ms Rumbel explained to the court she had to urgently travel to care for some young children. Magistrate Prowse noted her effort to come to Scone court, but said while she was responding to an urgent matter she cost herself more time by speeding, as she had then had to stop to receive a ticket. “If you had adhered to the speed limit it only would have cost you 20 seconds – hopefully the traffic offenders program has taught you those things and with the care of the children you should not place your licence in jeopardy, you can make a mercy dash but with constraints.” Ms Rumbel was given a community corrections offered for 6 months, without conviction.

STANSHALL, Anthony Edward, a 28 year old from Calala had charges of custody of knife in public place and possess prohibited drug. The matters were adjourned to Tamworth on May 13.

SUMPTER, Leonie, a 24 year old from Mudgee appeared in court and pled guilty to a charge of possess prohibited drug. The offence occurred at approximately 1:10pm on January 24 in Cassilis when Ms Sumpter was stopped for a random breath test on the Golden Highway at Cassilis and was found in possession of 1 gram of methylamphetamine. Magistrate Prowse noted Ms Sumpter had pled guilty at the first available opportunity. He also said, “police intelligence was you may have been in possession of drugs and low and behold you were! To forget you had meth in your possession or you’d forgot to discard it – indicates you have serious mental problems or you are so used to it being around you it is a norm -so I can’t quite work out which one it is – but none the less there is nothing else on your record. You’ve moved to Merriwa and have work so you might be on your way up.” Ms Sumpter was fined $300 and the drugs are to be destroyed.

THOMPSON, Peter James, a 60 year old from Wagga Wagga appeared in court on a charge of exceed speed limit less than 30km/hr. The offence occurred on January 1 at approximately 12:39pm on Macqueen Street, Aberdeen. Magistrate Prowse said, “even if you thought you were in an 80 zone rather than 50 zone you were still over the speed limit. There really isn’t scope for lenience, there really isn’t, because you don’t seem familiar with the other peddle in your car – the brake!” Mr Thompson was convicted and fined $900.

WALL, Sarah, a 44 year old from Murrurundi appeared on charges of negligent driving (no death of grievous bodily harm) and drive with high range prescribed concentration of alcohol. The offence occurred on September 26 at approximately 9:45pm on Mayne Street, Murrurndi when Ms Wall returned a reading of 0.211. Magistrate Prowse ordered a pre-sentence report, convicted Ms Wall and disqualified her from driving. “Don’t drive under any circumstances at all! I will look at a community based option – because at the moment it is likely you’ll go to gaol. You can’t have an accident like that when you are as full as a tick and not go to gaol.” The matter was adjourned for sentencing on June 20.

WALTERS, Mark Joseph, a 34 year old from Parkville, had charges of handle explosive/precursor without authorising licence, negligently handle explosives to endanger person’s life, drive motor vehicle during disqualifications period (second offence), fail to appear in accordance with bail acknowledgment and contravene prohibition/restriction apprehended violence order. Magistrate Prowse said Mr Walters appeared to have “no insight at all, entered a plea of guilty and is still trying to minimise his involvement”. Mr Walters solicitor argued he had responsibilities for his family and a gaol sentence would be detrimental, however, Magistrate Prowse suggested a “one-point cunning plan – do not commit offences!” Magistrate Prowse noted Mr Walters had been given a community corrections order on November 22, 2018 and “you lasted one month before you breached it by driving whilst disqualified” therefore revoking the bond and prompting a re-examination of the original facts of the offence. “Clearly the court treated you very leniently with a community corrections order, a fine and based on a record which really doesn’t entitle you to leniency!” Magistrate Prowse noted Mr Walters had a record littered with impositions, bonds, call ups and “never ending offending”. “I don’t know what is going on but the consequences are going to be visited upon you today!” Mr Walter was given a term of 14 months imprisonment with a non-parole of 9 months.

WITNEY, Justine Maree, a 37 year old from Merriwa, pled not guilty to charges of destroy or damage property, drive under the influence of alcohol and assault occasioning actual bodily harm. The alleged offences occurred on January 26 in Merriwa when damage was caused to a rear bumper bar of motor vehicle the property of Carol McLoughlin. It is also alleged Ms Witney drove on Range Road, Merriwa under the influence of alcohol and assaulted a person causing her actual bodily harm to her. The matters were adjourned until August 23.

WOODWARD, Warren, a 21 year old from East Maitland appeared in custody before the court for drive motor vehicle during disqualification period, negligent driving (no death or grievous bodily harm) goods in personal custody suspected stolen.  The alleged offences occurred on April 17 at approximately 6:30am at Whittingham on the New England Highway. It is alleged Mr Woodward was found in possession of a Stihl concrete saw, a large amount of unsheathed copper cable reasonable suspected stolen or otherwise unlawfully obtained. A Magistrates Early Referral Into Treatment (MERIT) report was requested and the matter was adjourned to Muswellbrook on April 30.

WU, Da Ming, a 57 year old from Scone appeared in court on an offence of never licenced person drive vehicle on road – first offence. Mr Wu’s solicitor said he had not had the opportunity to obtain his licence. Magistrate Prowse asked if he had studied the handbook and his solicitor confirmed he had. The matter was adjourned until July 18, with Magistrate Prowse pointing out that Mr Wu had three months to obtain his licence, “make sure you do!”

Read: Previous Court Reports.