Scone Court Report: August 2017

THIS month Magistrate Prowse returned to preside over Scone local court and several times had to spell out orderly process in matters using the apt analogy, “you need to get the sheep out of the first paddock, before going to the next.” By the time court had finished on Friday all sheep had been moved appropriately, despite clerical obstacles from missing transcripts and the department of public prosecution causing key matters to be adjourned despite the Magistrates clear instruction that matters must proceed. This month the media reporting of court matters was reflected on by Prowse and his concern at the over simplification of matters for a headline, thankfully he qualified his remarks were in relation to the print media.

ABBOTT, Susan Elizabeth, a 57 year old from Scone pled not guilty to two charges of rider not wear approved bicycle helmet/fitted/fastened. The offences occurred when Ms Abbott was not wearing a bicycle helmet on July 4 while riding her bike on Moobi Road, Scone and February 14 while riding her bike on Liverpool Street, Scone. Ms Abbott put before the court the Therapeutic Goods Act and argued that a helmet, under the Act could constitute a medical device and therefore requires informed consent or informed refusal. She argued most countries do not have bicycle helmet laws and they have higher rates of bike use which is better for public health and other countries have evidence that a helmet can exacerbate ‘punch drunk’ syndrome with the brain. Magistrate Prowse asked for more information on these points and if she had any expert witnesses who could present the evidence. Ms Abbott said she had previously presented witnesses in these cases, but had not gone to that extent this time. Magistrate Prowse recounted riding his bike up a hill in Tumut and hitting the tarmac “at slow speed and I’ve stepped off motorbikes and I can tell you it actually is quite painful to come in contact with the road.” Ms Abbott agreed that a rider of a motorbike could sustain a far worse injury than someone travelling at low speed on a push bike and asked if Magistrate Prowse injured his head when he fell from the push bike, to which he said no. The Magistrate added that he agreed the main purpose of the helmet was not necessarily to protect the soft tissue of the brain, but rather the external skin on the face and bone. Magistrate Prowse asked if Ms Abbott had any exemption she would like to put forward, saying that in some states religious objection could be considered an exemption. Ms Abbott said she was not seeking exemption based on those grounds. Magistrate Prowse asked, “I don’t suppose I could convince you to slip down and spend $10 on a helmet on that magnificent hair, of which I am jealous because I have lost mine?” To which Ms Abbott said she would not. Magistrate Prowse said, “the issue is the Crown will win the case because you have agreed you were riding the bike without a helmet and the law requires you to wear a helmet, except if you are applying for an exception”. Magistrate Prowse described his hearing of the matter as “more of a discussion” and continued on with looking at the possibility of a cause and effect between low rates of bicycle use and the introduction of helmets, but said in the absence of evidence it could not be assessed, likening it to the formation of Federation occurring then two world wars following and saying the Federation of Australia must have resulted in two world wars and that it may be totally unrelated. Magistrate Prowse reviewed the Commonwealth legislation of the Therapeutic Goods Act and compared it to the jurisdiction of the state law for bicycle helmets but determined the TGA would not usurp the state law in this instance. The Magistrate then said, “you have fought the good fight and I just wondered if there was any change of buying a helmet?” To which Ms Abbott responded, “not a snowflakes chance, but thank you for suggesting it.” Magistrate Prowse asked if there was anything Ms Abbott would like to say before handing down his decision and she said “I’d prefer not to have a bond imposed”. The Magistrate said he did not think a bond was appropriate for the matter. “Even if you ride away helmetless and you come straight back the maximum you would get, if the court has enough evidence is a fine of $2,200. You only have a bond if there is a sentence for it and there is not.” Ms Abbott was convicted and fined $100 for the first matter and $200 for the second matter. Magistrate Prowse added, “do you know about your rights of appeal?” Ms Abbott responded that she did. Magistrate Prowse said, “you are free to exercise them if you wish”. Ms Abbott thanked Magistrate Prowse and said she would not be appealing the decision.

ANDRAWES, Maged, had a charge of licence expired less than 2 years before.  The matter was adjourned to Mount Druitt on September 14.

ATKINSON-NICHOLSON, Katherine Mary Louise, of Murrurundi appeared to appeal a decision by the Roads and Maritime Services. Mr Diggins, who represented Ms Atkinson-Nicholson said she had been driving in the unfamiliar area of Botany. Magistrate Prowse asked “and what did she make of those extraordinarily large signs saying speed cameras ahead?” To which Ms Atkinson-Nicholson responded she had not seen the signs. Mr Diggins said at the time Ms Atkinson-Nicholson was on a provisional licence and had she been on a full licence she would not have lost her licence from the demerit points. He argued that Ms Atkinson-Nicholson lives in Murrurundi, but works in Scone at the local hospital and without public transport it would make it difficult for her to get to work. He also stressed it was her only traffic matter. Ms Atkinson-Nicholson will complete the traffic offenders program and return to court on October 19. Magistrate Prowse cautioned her, “don’t forget about that little place Blandford, you’ve managed to do it so fat, I’d imagine it would be easy for you to do so, so make sure you do. Otherwise Mr Diggins’ outstanding work could collapse like a sack of….potatoes, yes that was the word I was search for.”

BLAYDEN, Matthew James, a 37 year old from Murrurundi appeared in custody on charges of common assault, aggravated enter dwelling without knowing people there, steal from the person and damage property by fire/exp <=$2000. The matter was adjourned to Tamworth on September 27.

BODKIN, Janine Kathleen, a 43 year old from Paxton failed to appear on charges of drive vehicle, illicit drug present in blood and two counts of dishonestly obtain property by deception. The charge for drink driving allegedly occurred on April 15 on the New England Highway in Willow Tree when a reading for methylamphetamine. It is also alleged Ms Bodkin stole $30 worth of fuel from Coles at Hexham on May 30 and $18.20 of fuel from Coles Wallsend on June 6. Ms Bodkin failed to appear in court and a warrant was issued for her arrest.

BOWMAN, Johnny Dean, a 34 year old from Scone appeared on a charge of use carriage service to menace/harass/offend. Mr Bowman’s solicitor, Mark Diggins, requested an adjournment until September 22 in Scone, which was granted.

BROWN, Mitchell John, a 23 year old from Murrurundi appeared on charges of knowingly drive vehicle in manner menaces other, drive recklessly/furiously or speed/manner dangerous, negligent driving (no death or grievous bodily harm), drive in dark no lights, drive across dividing lines to do u-turn, use intimidation/violence to unlawfully influence person and stalk/intimidate intend fear physical etc harm. The alleged offences occurred between 8:30pm and 8L45pm on December 22 on the New England Highway in Willow Tree. In the police statement it is alleged Mr Brown intimidated Clayton Mitchell “following him from place to place” and driving “in a manner dangerous to the public upon a road.” The matter was adjourned for hearing on September 22.

CAREY, Mark Frederick, a 41 year old from Wallsend pled not guilty to a charge of drive motor vehicle while licence suspended. Mr Carey said he had been to the Roads and Maritime Services office and spoke to three people who all said there was no record of his licence being suspended and so he had continued to drive. The prosecution said Mr Carey should have sought clarification with the police and put it to him that when he was detected by police on June 16 to be driving without a licence he was aware hiss licence had been suspended. Mr Carey said, “no, I believed it had been returned.” Mr Carey’s solicitor, Mr Diggins asked, “Are you aware who issues drivers licences in the state of New South Wales?” To which Mr Carey responded, “the RMS.” Magistrate Prowse mused about the clerical discrepancies that can occur between the police computer system and the RMS system, but found Mr Carey’s licence had been suspended so the matter was proven and dismissed under section 10.

CLARK, Benjamin James, a 25 year old from Scone appeared on charges of dangerous driving occasioning  death-drive manner dangerous and negligent driving (occasioning death). (See related story: Motorcyclist Killed in Accident.) Mr Clark’s solicitor sought an adjournment, but the Magistrate said, “I said on the last occasion it was going to proceed.” The prosecution also sought an adjournment to the Newcastle court. The Magistrate noted it had been before the court since January 19, “I said it must proceed and I have access to a dictionary” also stating “I can’t see why the court’s direction should not be adhered to.” The matter was adjourned until September 13 in Tamworth. Magistrate Prowse added, “it won’t be held over again!”

CORNISH, Craig John, a 50 year old from Cassilis appeared on a charge of drive with middle range prescribed concentration of alcohol. Mr Cornish’s solicitor said he had been shearing on a hot day from 7am until 5pm, that he had not eaten much and was probably dehydrated. Mr Cornish used to base his calculations on how many drinks he had consumed, but had a better understanding since attending the Traffic Offenders Program. Mr Cornish claimed he had consumed two mid-strength beers, a full strength schooner at Coolah hotel and what tipped him over the edge was a long neck. Magistrate Prowse suggested he was “already over the edge before he had the long neck”. He then asked, “what is the maximum penalty for a second offence? Do you want to say anything as to why he (Mr Cornish) should not be going to gaol?” Mr Cornish’s solicitor, Mr Betts said, “I accept he is getting close to that.” To which Magistrate Prowse responded, “No, he is actually about to go now, so I’d like to hear from you why he shouldn’t!” Mr Betts claimed Mr Cornish had taken responsibility, completed the Traffic Offender’s Program and had a mother and 11 year old son who were relying on him and requested a suspended sentence. Magistrate Prowse replied that Mr Cornish had been given “a section 9 bond last time which had no impact on him and you think we should impose one again so it has no impact on him?!” Magistrate Prowse noted there had been three occasions of drink driving and pointed to a pattern of behaviour. He further noted that while Mr Cornish was very community orientated he continued to offend against the community. “Not with standing all the good things people say about you, the presentence report is not as good.” Quoting Mr Cornish from the presentence report the Magistrate said, “I know the roads in Cassilis, they (the police) act like I’ve killed half of Cassilis.” The Magistrate continued, “then you attempt to minimise your actions again saying ‘they (the police) act like I’ve killed half of Cassilis’. It states you drink four or five drinks a night and you have no intention of changing because you don’t drive afterwards, but the evidence says you do and the community gets heartily sick and tired of two things: people committing the same offence and excessive leniency of the court.” The Magistrate then gave examples of how the media report on matters where people are shown leniency by the court with headlines such as “Cornish Gets Off”. The media usually don’t go into the detail of how a decision was made, they just want the headline and they don’t even say “Mr Cornish Gets Off”, just “Cornish Gets Off”, but I suppose Mr would add too many words.” Magistrate Prowse further qualified his remarks that he was “of course talking about print media.” “The reality is this, once around the block is unfortunate, second is reckless, three times treated with extraordinary leniency and now here you are again! I’ve grown up in small country towns and people die in country towns on a regular basis because they think they know, but today is the day you are told you can’t!” Mr Cornish was sentences to seven months imprisonment, non-parole for four months, 8 months disqualification of his licence and an interlock device to be fitted. “And if you get caught again you can guarantee you’ll be going for longer!”  Mr Cornish returned to court in the afternoon to apply for bail. As Mr Cornish’s solicitor Mr Betts made his argument, Magistrate Prowse said, “I think I’ve heard this earlier.” Magistrate Prowse said in relation to bail, it was not established that Mr Cornish was not a threat to the community and so bail was refused.

COWLEY, Leighton Scott, a 33 year old from Aberglasslyn appeared on charges of use class A vehicle number plate obscured, defaced, motor bike rider (alone) not wear/secure fit approved helmet and not ride motor bike with at least one hand on handlebars. The matter was adjourned for hearing on September 22.

COX, Dalton, a 29 year old from Scone, appeared and pled guilty to charges of driver never licenced and use unregistered registerable class A motor vehicle on road. The Magistrate asked why he had not applied for a licence and Mr Cox said he wasn’t sure. The matter was adjourned until November 23, with Magistrate Prowse adding, “so you can come along and show us your licence.” “It must be easy to get a motorbike licence, because I’ve got one and I don’t do things that are difficult,” Magistrate Prowse said.

DIXON, Jason, a 35 year old from Bourke failed to appear on a charge of special category driver drive with special range prescribed concentration of alcohol. The alleged offence occurred on June 18 on the Golden Highway in Merriwa when Mr Dixon returned a reading of 0.040. The matter was adjourned until September 21 in Scone.

FERNANDES, John, a 44 year old from Scone had a police application to dispose of surrendered or seized firearms. Mr Fernandes was able to collect the firearms if he renewed his firearms licence, but had failed to do so and the police now seek to dispose of the three rifles. It was noted Mr Fernandes was yet to be served with the application for disposal and the matter was adjourned until October 19.

FREEMAN, Michael v LEE, Stephen Bruce. The Magistrate reviewed the court documents and said, “I know sometimes I can be too subtle, but I’ll say for the third time, I can’t see an arguable ground of action set out in the statement of claim.” The matter was adjourned until October 19.

GITT, Jenna, from Tamworth appeared on a charge of application for order to carry out forensic procedure. The matter was adjourned to Tamworth on August 30.

GUMB, Karen, a 37 year old from Merriwa appeared on a charge of drive with mid-range prescribed concentration of alcohol. The offence occurred on July 2 in Merriwa when she returned a reading of 0.088.  The Magistrate asked Ms Gumb what she had been drinking, she responded XXXX Gold and he asked why. Ms Gumb said it was because she liked the taste. The Magistrate said he was waiting for her to say because it was a mid-strength beer. Magistrate Prowse asked what Ms Gumb needed be licence for and she explained she lived 70 kilometres out of town and needed her licence to get to work and talk her son to school. The Magistrate asked if there was a school bus and Ms Gumb said there was not. Ms Gumb said she was a cook at the pub and the Magistrate asked what was her best dish, to which she responded a medium rare steak. Magistrate Prowse asked for further detail on how she cooks the steak musing the wisdom used to be that you would place the steak on the hotplate and only turn the steak once, but that school of thought had changed. “My son is an award winning chef, I taught him everything he knows, but he disregarded that and went on to be an award winning chef. So why do you treat your meat better than you treat yourself?” The Magistrate further asked how they could stop Ms Gumb from drink driving again, to which she responded she had learnt her lesson and would not reoffend. “If I had a dollar for every time I heard that I’d be able to afford painting this place!” said Magistrate Prowse. “Unlike you where you where you want people to come back, my business model is to have nothing to do, I’ve failed miserably so far,” he said. Magistrate Prowse imposed a bond with the cunning plan to allow Ms Gumb to prove to herself and everyone else that she was able to adhere to the law. Ms Gumb was placed on a section 10 bond for nine months and warned Ms Gumb, “when I need to I have an extraordinary memory, at home it’s abysmal, but here it is crash hot.”

HARDES, Malcolm Peter, a 38 year old from Scone pled not guilty to charges of drive recklessly/furiously or speed/manner dangerous, overtake vehicle when unsafe, not keep left of dividing line an unreasonably obstruct the path of driver/pedestrian. The alleged offence occurred on April 21 at Murulla on the New England Highway. There were also charges of drive recklessly/furiously or speed/manner dangerous, overtake vehicle when unsafe, not keep left of dividing line, operate vehicle/vessel so as to harass/intimidate person and cut in front of vehicle after overtaking. The offences are alleged to have occurred on May 17 in Murrurundi on the New England Highway. The matter was adjourned until September 21.

HARRIS, Dallas Gary, a 39 year old from Muswellbrook failed to appear for a charge of drive while licence cancelled. The offence is alleged to have occurred on June 3 on Liverpool Street, Scone.  A warrant was issued.

HARTMANN, Kim Louise, a 48 year old from Scone appeared on two counts of destroy or damage property. The damage related to the property of Bryson Ryan and included a phone, a wall and a window. Mr Ryan sought compensation of $781 for the damage. The Magistrate said, “I take into account you have no record, the materials set out in the psychologists report, note the damage was to property only and you agree to the compensation order. Mr Ryan will be back in the position he was in prior to the damage. I also note each party has aa violence order against each other, so in relation to that you are not to assault, threaten or stalk Mr Ryan for 12 months, taking those factors into account and what you do for a living there is a 14 month good behaviour bond and a compensation order”.

HOLMAN, Jodie Louise, a 23 year old from Murrurundi pled guilty to exceed speed by 10km/hr. The offence occurred on April 25 on Kelly Street, Scone. The matter was adjourned until October 19.

JOHNSON, Bradley Philip, a 38 year old from Muswellbrook pled guilty to a charge of drive motor vehicle while licence suspended. The plea was rejected by the Magistrate as he said, “each time I spoke to your lawyer it changed, so a plea of not guilty will be entered by the court.” The matter was adjourned until September 21.

JOHNSON, Nicolas Rowney, a 27 year old from Scone appeared on a charge of drive with high range prescribed concentration of alcohol. The alleged offence occurred on July 29 in Macqueen Street, Aberdeen, when he returned a reading of 0.198. The matter was adjourned until October 19 in Scone.

KITE, Glen, a 41 year old from Scone appeared to appeal a decision by the Roads and Maritime Services. The Magistrate Prowse asked Mr Kite, “have you acquainted yourself with the break peddle? Because you could sell it to a museum as the break peddle never used, but I’m sure by the time you come back it should be well used and thread bear.” The matter was adjourned until December 21.

LEVEN, Matthew Peter, a 25 year old from Scone pled guilty to high range prescribed concentration of alcohol. Mr Leven returned a breath analysis reading of 0.160 on June 24 when pulled over on Graeme Street, Aberdeen. Mr Leven said he had been celebrating his birthday at home and had no intention to drive anywhere that evening, but following an argument with his father, he had attempted to drive 1 kilometre to a property he was renovating. Magistrate Prowse noted his reading of 0.160 saying, “so not just in the high range, but past the high range gate by a distance and perhaps unsurprising given the fact you’d drank cans of this insidious drink of rum and I have a sneaking suspicion there were more than six cans for that reading.” The Magistrate also noted there was nothing of a similar nature on his driving record and that between being charged and appearing in court Mr Leven had completed the traffic offenders program which had changed his outlook. Magistrate Prowse recommended Mr Leven learn to perambulate, “it’s where the word pram came from, it’s a nice well rounded word which is not used nearly enough.” He further recommended Mr Leven make alternative arrangements if there was another animated discussion he wanted to leave in future, “you could sleep in the vehicle, or under the vehicle instead of driving it!” Mr Leven was fined $750, disqualified from driving for six months and an interlock device is to be fitted for a period of 24 months.

McLAREN, Neil, a 46 year old from Scone appeared in court to appeal a decision by the Roads and Maritime Services. Magistrate Prowse made a clever suggestion masquerading as a remark, “I suspect you want to go to the Traffic Offenders Program”.  Mr McLaren responded, “whatever it takes to get my licence”.  Magistrate Prowse continued, “I’ve thought about this for several seconds, don’t commit offences! Doing 100 in a 60 zone is close to a charge of speed dangerous!” The matter was adjourned until October 19.

MUDGE, Bradley Raymond, a 39 year old from Tamworth appeared in court on a charge of drive vehicle under influence of alcohol. Mr Mudge was alleged to have returned a reading for methylamphetamine while driving on the New England Highway at Wallabadah on June 7. A treatment plan was ordered for Mr Mudge and the matter was adjourned until September 21 in Scone.

MURPHY, Deborah Anne, a 44 year old from West Tamworth had charges of knowingly deal with proceeds of crime, supply prohibited drug and possess prohibited drug. The matter was adjourned to Tamworth court on September 4.

OKANE, Jacqueline Margaret, a 49 year old from Nambucca Heads had a charge of common assault. The matter was adjourned to Tamworth on September 27.

PENFOLD, Darrin James, a 44 year old from Scone appeared on two counts of destroy or damage property less than or equal to $2,000. The charges relate to allegedly damaging an outside wall, bedroom door and a wall clock. The matter was adjourned to Scone on September 21.

PINKERTON, Ashley John, a 37 year old from Parkville appeared on charges of destroy or damage property and common assault. Magistrate Prowse described the events in hiss consideration of the matter, “apparently you came back from a social event full as a tick and thought your pride had been dented…well what did you do discuss your abysmal record? I would think a person with that record has no moral standing on which to complain, let’s have a look at your record, stealing, negligent driving, more traffic matters, it seems you ca drive without being burdened by a licence, assault, breaching an AVO, custody of a knife, breaching an avo, mid-range PCA in 15 and here you are again!” “Real men don’t behave like that. I really have little insight into why people act the way they do in these circumstances especially when you don’t have any moral underpinning to engage in such behaviour…you have the gall to pick up a stone, people like you should not pick up Ayre’s Rock and throw it, because that is the level…you were carrying on to the extent that people in the street were watching what was going on. Your behaviour is inexplicable!” Magistrate Prowse continued, “day one in gaol you’d probably prance about the exercise yard showing all the other chaps what a big man you are…do you know how long you’d last? About 40 seconds! And let’s talk about night one, how long do you think you’d last? You’d be in a cell with two inmates and one would hold you down while the other assaulted you in some way or another, now let’s go to day two, which would be repetition of what I’ve just said. Nowadays, people without understanding of the religious connotations call it karma, or you’ll have done unto you what you have done unto others. Next time there is no other option but full time custody.” Mr Pinkerton was given a 13 month imprisonment to be served by intensive correctional order. “If you breach this you don’t come back to court you go straight in, which is probably where you should have gone today, so don’t push your luck!” warned Magistrate Prowse.

PRESTON, Shane Troy, a 36 year old from Scone appeared in custody in court in relation to a breach apprehended violence order. Mr Preston was placed under order of the mental health act and will return to court once an assessment has been done.

PRINGLE, Damon Grahame, a 44 year old from Scone appeared on charges of goods suspected stolen given other not entitled and furnish false information/statement to licensee. The matter was adjourned until September 22 for hearing.

REEDY, Rajinesh, a 40 year old from St Clair pled guilty to a charge of drive vehicle illicit drug present in blood. The charges related to a positive reading for methylamphetamine on March 5 on the New England Highway near Wingen. The matter was adjourned to Penrith for sentencing on September 21.

RYAN, Peter Attwill, a 54 year old from Cranbrook had a charge of drive with middle range prescribed concentration of alcohol. The alleged offence occurred on June 24 on Liverpool Street, Scone, when he returned a reading of 0.139. The matter was adjourned to Penrith on September 11.

SCONE AUTO-PORT v MILTON, Greg. Mr Greg Milton failed to appear in court for the matter, so the Magistrate adjourned the matter until September 21. The Magistrate explained to Mr Gibson if Mr Milton failed to appear it would be “dealt with in his absence.”

SCONE AUTO-PORT v STONECO Pty Ltd. Mr Darren Gibson appeared in court relating to money he believes is owed to his business by StoneCo Pty Ltd. Mediation was recommended by the court and the matter was adjourned until September 21.

SELWOOD, Colin Melvyn, a 53 year old from Scone had a charge of drive with low range prescribed concentration of alcohol. The charge relates to Mr Selwood allegedly returning a reading of 0.072 at 10:20pm, on August 12 when he turned into Gundy Road off Kelly Street. Mr Selwood will compelte the traffic offenders program and the matter was adjourned until September 21.

SMITH, Kenneth Gordon, a 68 year old from Warrah appeared on a charge of application of disposal of property in police custody. Mr Smith said, “I don’t want guns but I need them,” to which the Magistrate responded, “well I’m not sure that is the criteria Mr Smith, but we’ll find out next time” and adjourned the matter to October 21 for hearing. Mr Smith said, “until such time I will let my suffering cattle, suffer in agony!” The Magistrate explained that the return of his firearms was opposed by the Crown and at the hearing it would have to be decided if the court has the power to grant the firearms back and if it should be granted. Mr Smith asked that the matter be sent to Quirindi because it was closer, to which the Magistrate said he thought Scone and Quirindi would be equidistant. Mr Smith explained, “it’s not equidistant there is a sign that says 43 kilometres to Scone and 21 to Quirindi.” The Magistrate conceded, “point well made.” The matter was adjourned to Quirindi on October 18. Mr Smith then said, “so I don’t have to get out of bed at 5am”, to which the Magistrate said, “I couldn’t possibly say Mr Smith…when I turned over you weren’t there.”

STEPHENS, Tarnya, a 25 year old from Merriwa appeared on one count of stalk/intimidate intend fear physical etc harm, two counts of common assault, one count of behave in offensive manner in/near public place/school and two counts of fail to appear in accordance with bail acknowledgement. Ms Stephens had previously been convicted in her absence, but the Magistrate said he was not quite sure how it is ever in the interests of justice to be convicted twice of the same thing and for those convictions to be set aside. The matter was set down for hearing on September 22.

TILLING, Jason Donald, from Tamworth had a charge of use carriage service to menace/harass/offend. However, the matter was not able to proceed to hearing because a transcript ordered by the Magistrate had not been provided. Mr Tilling’s solicitor said she had an email as evidence that the transcript had been ordered on August 16, but it was not provided. Magistrate Prowse agreed the transcript had clearly been ordered and said, “there is no valid reason before the court as to why it wasn’t provided.” The Magistrate recognised the distance all parties had travelled to attend the matter in Scone and apologised for the inconvenience and costs incurred and directed costs be reimbursed for all parties. The matter was adjourned to Tamworth court on September 13. Magistrate Prowse addressed Mr Tilling and said, “the court extends its apologies to you for not being ready for the reasons you know about.”

TROCHEI, Peter Anthony Alfred, a 36 year old from Moree failed to appear on charges of dangerous driving occasioning grievous bodily harm, negligent driving, not keep left of dividing line – not class B/C vehicle and drive vehicle, illicit drug present in blood. The charges relate to a collision which occurred in Wingen on November 10 and resulted in grievous bodily harm. The matter was adjourned to Tamworth on August 30, with pleas to bee entered.

TUCKEY, Aaron Paul, a 35 year old from South Tamworth had a charge of common assault and destroy or damage property. Magistrate Prowse ordered a pre-sentence report and warned, “you must be cognisant of the fact that you are in real danger of going to gaol” and adjourned the matter to Tamworth on September 25. He then directed Mr Tuckey to, “go directly to the probation and parole officers in Tamworth and by my calculations you could arrive in Tamworth at 12 o’clock and if you don’t they will find you.” The Magistrate then turned to police in the court and asked them to inform Tamworth police of the matter. He then warned Mr Tuckey, “don’t speed on the way home there are about 250 highway patrol coppers hiding behind bushes.”

WALTON, John, a 31 year old from Muswellbrook appeared in custody on charges of contravene prohibition/restriction in apprehended violence order, receive property-theft=serious indictable offence ,=$5000 and three counts of dishonestly obtain property by deception. The Magistrate said, “The confidence of the court in your ability to restrain yourself is markedly affected by you breaching bond. You did as much as you could to breach it, so here we are.” Mr Walton was sentenced to nine months imprisonment with a non-parole period of four months.

WHITE, Zeph, a 22 year old from Chittaway Bay appeared on charges of drive vehicle, illicit drug present in blood and drive vehicle under influence of alcohol. The charges related to Mr White allegedly returning a reading of 0.001mg/L of deta-9-tetrahydrocannabinol and 0.023 mg/L of delta-9-THC acid on the New England Highway in Scone on December 2 between 2pm and 2:45pm.  The Magistrate asked Mr White had legal representation to which Mr White responded no. The Magistrate granted an adjournment until September 21, where he must enter a plea.

WILLIAMS-EDMINSTON, Louisa, a 20 year old from Merriwa made an application to the local court to appeal a decision of the Roads and Maritime Authority. The matter was adjourned until September 21.

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