Scone Court Report: August 2016

MAGISTRATE Prowse was back in the chair this month dispensing wisdom on how to assess which young bulls to castrate, the dental costs of Pepsi, musing about what goes through the minds of police on night shift, why the RMS had moved the 80 kilometre zone outside Scone to east of New Zealand, but again this month he had to try and make young people in our community understand the gravity of their actions when they drink and drive.

He recounted when he was in high school and five of his friends died in a car accident, why driving under the influence of alcohol with others in the car is taken so seriously by the court and why he shakes his head each time he hears the same reasons given for drink driving such as ‘I was the least drunk of all of my friends’.

The following matters came before the Scone Court this month:

BEAUCLAIRE, Cody Lee, a 19 year old from Blandford had a charge of special category driver drive with special range prescribed concentration of alcohol of 0.030 following breath testing on July 26 on the New England Highway, Murrurundi. The matter was adjourned until September 22.

BREE, Shannan James, a 41 year old from Gunnedah pled not guilty to a charge of custody of a knife in a public place. The matter was adjourned until September 22.

BROWN, Ethan Oscar Rivis, a 22 year old from Rouchel appeared to quash a habitual traffic offender declaration. The application was granted.

CARTER, Alex David, a 20 year old from Toronto had charges of destroy or damage property and fail to appear in accordance with bail acknowledgment. The Magistrate was baffled by the police paper work and said “I can’t for the life of me work out on the papers I have how you keep being convicted on the same matter.” He described the situation as an “unmitigated travesty and disaster.” The Magistrate directed Mr Carter to continue to comply with the bail conditions and said “if you want to take action against the crown I’ve made notes here for you.” The matter was dismissed.

ELLIS, Brendan Joseph, a 30 year old from Scone had a charge of exceed speed by 45 kilometres per hour. The offence is alleged to have occurred on the New England Highway on June 11 at 10:35pm. The matter was adjourned until September 22.

FARRELL, Michelle Maree, a 40 year old from Muswellbrook presented in custody on charges of dishonestly obtain property by deception, receive/dispose of stolen property, three counts of goods in personal custody suspected being stolen and three counts of larceny. Ms Farrell was transferred from custody to house arrest following significant change in circumstances relating to Ms Farrell’s health. The Magistrate said the house arrest should prevent further offences by Ms Farrell. Magistrate Prowse suggested police would have plenty of opportunity to regularly visit Ms Farrell to ensure she was complying with house arrest, “as night shift can be very boring and you’d think gosh what are we going to do now, let’s go to Osbourne Street.” The Magistrate asked if there was a fence around the property Ms Farrell would be living in, to which Ms Farrell said yes. The Magistrate asked if there was an enclosed front yard and Ms Farrell said there wasn’t. The Magistrate then said, “well then don’t go past your front door, because then we won’t have the argument here about if you were one-eighth over the Council line, this side of the mailbox or that side of the mailbox. If you need to take in some air, do it in the backyard. You are not to leave that address at all unless to attend court. There are two exceptions, if you are in an ambulance yourself and the other you are in a hearse. If it is an emergency we will get the notes from an ambulance to ensure you have not been ‘bunging it on’. I don’t want to see you before September 1, but if I do, you know precisely what will be happening.”

FENTON, Bradley John, a 26 year old from Aberdeen had a charge of drive with middle range prescribed concentration of alcohol of 0.134 on July 9 in Susan Street, Scone, between 7pm and 11:30pm. Mr Fenton had completed the traffic offenders program and his solicitor outlined the positive attributes of Mr Fenton as a member of the community, mentioning his participation in the Aberdeen Tigers. The Magistrate asked what position Mr Fenton played, suggesting he may be a second rower. Mr Fenton replied that he was a front rower, to which the Magistrate said “that explains a fair bit.” The Magistrate was incensed that Mr Fenton was driving a car with four other people whilst intoxicated. “Five people in a car that rings a bell, why do you think that rings a bell for me?” posed Prowse. “I’ll tell you, I was in sixth form and I knew five fifth formers and I am here and where do you think they might be? They are dead! They died on the corner of the cemetery at Wellington. Their body parts were collected from the scene, then taken to the morgue where their parents had to look at them, if they could and then they took them back to the cemetery where they remain today. Their parents might still visit them but I doubt anyone else does. So here you are six or seven rums and cokes with a reading of 1.34 going from the Belmore Hotel to a party in Barton Street and you were driving because you considered yourself less drunk that the others, when in fact you were upper middle range astounding! What are the only two things you’ve done correctly since then?” Mr Fenton replied he had not driven since then. Magistrate Prowse said, “well then make it three things you have done right since then, the other two were completing the traffic offenders program and employing Mr Fraser one of the leading solicitors in the whole Hunter, because he was able to give an articulate case as to why you should retain your licence and recommend the minimum penalty that should apply. I am going to hold this over until October 24 so that I can think about this. You are a good person, you did the traffic offenders program, but on the other hand you’ve endangered five people’s lives plus others who may have been using the road. So on October 20 we’ll work out what will happen; until then don’t drive anything.”

GODDARD, Raymond, a 36 year old from Scone had a charge of assault occasioning actual bodily harm. The matter was adjourned to August 24 in Tamworth and directed to go into the Magistrates Early Referral Into Treatment (MERIT) program.

HAND, John L, An 84 year old from Moonbi had a charge of exceed speed by 10 kilometres per hour. S4 Application Adjourned to Tamworth Sept 13.

HENRY, Beau Steven, a 22 year old from Aberdeen entered a plea of guilty to the charges of possess housebreaking implements and break and enter dwelling house with intent. The Magistrate requested a presentence report and adjourned the matter until October 20, with bail to continue.

HORN, Damien Shane, a 23 year old from Bonnells Bay pled guilty to a charge of drive without proper control of vehicle. Mr Horn said he opened a Pepsi Max and spilt it which caused him to swerve. Magistrate Prowse suggested he should just stick to water so that it does not fix and that flavoured milk is also a safe beverage, unless it has turned to yogurt. Further he said Pepsi Max would cost him a fortune at the dentist in the long run. “The safer option when you are driving is to drink things that are not going to fizz and explode.” Mr Horn was convicted and fined $300.

HODGES, Adam a 55 year old from Merriwa entered a plea of guilty to exceed speed by 10 kilometres an hour when he was departing Scone to the south on the New England Highway. The Magistrate said, “knowing this particular area myself there is a tendency to creep up as you are on the way out and someone from the RMS decided the best way to fix that is to move the 80 kilometres to just east of New Zealand!” Mr Hodges was given a good behaviour bond for six months, but the Magistrate warned Mr Hodges to be careful with hiss licence, “with your kidney problems you can’t walk to scone from Merriwa you’d probably only make it to the 60 zone and keel over, anyway I’m the coroner here so I’ll get to see you again but not in the same circumstances and so keep your eyes open and your foot up.”

JERRICK, Lindsay Keith, a 33 year old from Gundy appealed against decision of the Roads and Traffic Authority. Solicitor said he had driven more than 70,000 kilometres last year working in fruit picking across the country. The appeal was allowed.

JOHNSON, Adam Kane, a 34 year old from Quirindi was charged with drive with licence suspended, on the New England Highway on July 25 at Wingen. The matter was adjourned until September 21.

JONES, Nigel Malcolm, a 32 year old from Scone had a charge of possess prohibited drug which was 0.40 grams of ICE in Scone at approximately 11am on There was also a second charge of possess drug which was 0.6 grams of cannabis on May 15 at 9:45pm. Mr Jones failed to appear and the matter was adjourned until October 20.

JONES, Paul Stanley, a 45 year old from Murrurundi had a charge of use carriage service to menace/harass/offend and make vexatious call to emergency service number. The Magistrate read a psychologist’s report and said Mr Jones should undergo the treatment plan and dismissed the charges on the proviso Mr Jones complies with the treatment plan for a period of twelve months.

LAMBKIN, Blake Wade, a 22 year old from Scone pled guilty to a charge of possess prohibited drug, which was 3.09 grams of cannabis, when Mr Lambkin was searched on May 29 in Birrell Street, Scone. The Magistrate read from Mr Lambkin’s file that he had said he liked cannabis and why should he stop? The Magistrate asked if Mr Lambkin had figured it out yet and Mr Lambkin said he had not. “No? Well I’m about to gaol you for two years. You’ve pleaded guilty so you’ll only get 18 months.” After some discussion Magistrate Prowse proposed Mr Lambkin have a 18 month good behaviour bond and if “you don’t get busted again, you won’t go to gaol, but your part of the deal is, if you do get busted and end up back here, you are going to gaol. As you leave the court house wave goodbye to it, because if you come back again you’ll be going out the back door of it into custody.”

MCGRATH, Kieran John, a 20 year old from Scone presented in custody on charges including assault occasioning bodily harm, reckless grievous bodily harm, possess prohibited weapon/firearm/imitation firearm and carry cutting weapon upon apprehension. The matter was adjourned until September 22 and a presentence report was ordered.

LONGBOTTOM, Katrina Anne, a 43 year old from Scone pled guilty to a charge of drive with middle range prescribed concentration of alcohol of 0.107 on June 16 on the New England Highway in Aberdeen. Ms Longbottom is to complete the traffic offenders program and her licence has been suspended. The matter was adjourned until October 20.

LOWERY, Brett Wayne, a 22 year old from Merriwa had charges including possess or use prohibited weapon without permit and drive motor vehicle during disqualification period. The matter was adjourned until September 22.

MAHER, Craig James, a 38 year old from Hanging Rock pled guilty to charges of possess unregistered firearm-prohibited firearm and not keep firearm safely-prohibited firearm. The unregistered firearm was given to Mr Maher by a friend who was ill to be handed into authorities because they couldn’t do it themselves and they had subsequently passed away. For the charge of not keep firearm safely it was explained Mr Maher did lock his firearms away, however he had only used the firearm that morning and had not put it away as promptly as he usually would. It was noted that Mr Maher had no criminal record and that there was context to the charges, but also said, “I am unaware of any other crime which has an amnesty. You don’t have a ‘hand over your drugs week’ or if you have murdered someone in the last three years we’ll let you off it you admit it this week, but perversely we do for firearms and you get the chance to hand it in, because it is a crime to possess an unregistered firearm.” Mr Maher was fined $600 and the weapon is forfeited for destruction.

MANNING, Benjamin, a 23 year old had a charge of common assault. The matter was adjourned to Penrith on August 30.

MILLER, Matthew, a 25 year old from Singleton appealed to the local court a decision of the Roads and Maritime Services for suspended licence. The Magistrate said, “You’ve gotten through seven months of not doing anything, how does that feel?” Mr Miller responded, “good”. The Magistrate briefly outlined how Mr Miller’s behaviour was good for himself and the broader community, thanked him for coming to court, allowed the appeal and asked him to drive carefully.

PETTY, Jamie, a 37 year old from Muswellbrook appeared in custody on charges including common assault, stalk/intimidate intend fear physical harm, three counts of destroy or damage property, one count of resist officer, assault officer and drive motor vehicle during disqualification. The matter was adjourned to Tamworth on October 5.

POOLE, Tyler James, a 20 year old from Murrurundi had a charge of drive, licence suspended. The matter was adjourned until September 22.

RAWLINSON, Darryl John, a 40 year old from Scone failed to appear on a charge of licence expired less than two years before. The matter was adjourned until September 22 and a warrant was issued for his arrest.

REICHEL, Thomas Leslie, a 24 year old from Parkville had charges including assault occasioning actual bodily harm, threaten to destroy/damage other persons property, stalk/intimidate intend fear physical etc harm and common assault. The matter was adjourned to Tamworth on September 12.

REILLY, William Glen, a 28 year old from Canton Beach had a charge of obstruct/hinder ambulance officer providing service to other. The Magistrate noted, “his report references service in Iraq, which apparently the country is safe enough to send refugees back to, but apparently not that safe.” The matter was referred to health.

ROBINSON, Blake Mark, a 25 year old from Aberdeen had a charge of driver never licenced on June 11 on the New England Highway, Scone. The matter was adjourned until October 20.

ROE, Logan James, a 20 year old from Murrurundi had charges of drive with low range prescribed concentration of alcohol and possess prohibited drug, which was cannabis. Hs solicitor said Mr Roe worked full time as a farm hand farming Lucerne and his parents who were present in court had had some severe discussions. Magistrate Prowse questioned if it was a real castigation and the solicitor assured him it had. The Magistrate then asked if Mr Roe had any plants amongst the lucerne and was assured he did not. Magistrate Prowse asked Mr Roe to turn and face his parents at the back of the room and said, “which of those two people are you going to pick to answer the door to police when they appear at their door?” To which Mr Roe said, “Dad”. Magistrate Prowse then asked, “which of these two do you then want to go over to her parents place?” To which Mr Roe responded, “Dad”. Magistrate Prowse said, “that’s a lot for Dad to bear isn’t it? And why do you think I am asking this? Because it happens! All for the dubious pleasure of four X Queensland sludge and vodka cruisers. Why on earth were you drinking vodka cruisers? I’ve always wanted to ask someone why they would drink vodka cruiser. Was it a good idea at the time?” Mr Roe responded, “No your honour.” Magistrate Prowse then said, “Are you quite careful when you drench cattle?” Mr Roe replied, “Yes”. Magistrate Prowse said, “well you have to be because if you give them too much they die, but you are careful drenching the cattle, but not with yourself! Taking into account your plea of guilty, that you were not noted for bad driving, but there is the aggrevated feature of having a passenger and you are a p-plater who blew 0.051, noting the long distance in front of you at night and the relative minor matter of the lucerne substitute in the vehicle and taking into account you have gone a few rounds with your dad and I think you will get a bit more on the way home, there is a section 10 good behaviour bond for six months and the drug to be destroyed. And now what you are going to do is take them down the street and buy them a hot drink.”

RUSSELL, Geoffrey Gordon, a 54 year old from Willow Tree had two charges of possess unauthorised firearm, two not keep firearm safely-not prohibited firearm/pistol, two possess unregistered firearm-not prohibited firearm/pistol. Mr Russell’s solicitor noted that the two unauthorised firearms were to “bb guns” which were owned by an aunt who had passed away and Mr Russell was going to look at donating to them to a museum. His solicitor noted guns which were made before 1900, which included bb guns were classified as antique, but on further inspection Mr Russell realised the particular bb guns from his aunt were made in 1903 and therefore not classified as an antique firearm. Magistrate Prowse mused about the times he used bb guns in his younger years. “Mr Russeel your desire to donate to museum was well founded, however the law sometimes interferes with those well laid plans and for very good reason because in 1996 there was an unmitigated disaster. I accept you got them in the manner described, I accept your intentions and I accept there is no criminal intent. All matters were dealt with under section 10, weapons were forfeited, but the Magistrate said Mr Russell could still ask the police to give them to a museum rather than destroy them, but that would be a matter for the police.

SANG, Leixin, a 31 year old from Scone pled guilty to a charge of common assault. The Magistrate noted he had a clean record in Australia and said thankfully here were no injuries sustained by the victim, but emphasised all assault is wrong. The matter was proven without conviction and a good behaviour bond of 9 months was set.

SAUNDERS, Clint, a 20 year old from Scone had two charges of common assault. The matter was adjourned until September 12 in Tamworth.

SINCLAIR, Peter Quinn, a 68 year old from Gatton, Queensland had a charges of use class B, C vehicle number plate obscured, defaced, driver not record required information after starting work, solo driver work more than standard maximum time – critical risk, driver class 1 or 3 heavy vehicle not keep relevant document, actual offence – use etc heavy vehicle in a way that contravenes exemption, solo driver rest less than standard minimum time – critical risk and drive heavy vehicle not comply loading requirements – minor. Mr Sinclair’s solicitor said Mr Sinclair was a Vietnam veteran on a pension and no longer working. Mr Sinclair was fined $700.

STRONG, Curtis James, a 20 year old from Scone had a charge of common assault. His solicitor Mark Diggins said the court was unlikely to see Mr Strong ever again, that he has hopes in travelling overseas, but had explained to his client that may be an issue based on the outcome of the court on this issue. The Magistrate noted there had been a change in facts of the case since it was last before the court, most notably that Mr Strong had not hit someone in the back of the head and therefore the court needed to reassess the matter. Magistrate Prowse asked Mr Strong when he castrates young bulls how does he work out which ones to castrate and which ones he wouldn’t. Mr Strong responded that he didn’t know. Magistrate Prowse said, “Scientifically you look at which will be the best producers and you whip off the ones you don’t want and the dogs (makes gobbling noise). The other thing is you don’t want ones that are aggressive in the yard, so they turn into hamburgers, because you don’t want them upsetting the other cattle, so let’s transform you into a young bull down at the RSL Club. I’m the stud master watching how all the young bulls behave and after that one performance down there, what has saved you from the chop? In other words, every now and then everyone goes a bit silly, you’ve had your episode and you don’t want to have one again I’d suggest. Now you have section 10 bond of good behaviour for 16 months, so out to the counter sign up for the bond and stay calm out in the paddock.”

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