scone.com.auScone Court Report: December 2017
MAGISTRATE Prowse often refers to this time of year as the “killing season”, with many people drink driving or driving dangerously on our roads which all too often results in people losing their lives. Several people who came before the court this month will be spending Christmas away from their friends and family having committed offences which Magistrate Prowse judged to be sufficiently threatening to the safety of the rest of the community. However there was still a splash of Christmas cheer in the court room, which Magistrate Prowse’s keen eye spotted. Looking at solicitor Mark Diggins he noted, “that is the most hideous tie I’ve ever seen, but it seems to suit you!” But the complements for Mr Diggins did not stop there, “if it wasn’t for people like you Mr Diggins then the wheels of justice would stop grinding, coming in on your day off is a testament to that, not withstanding your choice of tie.”
Matters before the court this month included:
ALLEN, Thomas Bradley, a 21 year old from Bulahdelah appeared on a charge of Class A motor vehicle exceed speed by more than 10km/h at Garoo on March 31. He was convicted and fined $450.
AMIDY, Joshua Paul, a 40 year old from Merriwa appeared on charge of drive with middle range prescribed concentration of alcohol, which was his second offence. He returned a reading of 0.096 on September 21. He was convicted and given a suspended gaol sentence to be of good behaviour for eight months and an interlock period for 24 months.
BIANCO, Mitchell Thomas, a 21 year old from Muswellbrook had a charge of not keep left of dividing line-not class B/C vehicle at Werris Creek on July 27. It was adjourned until January 18.
BROWN, Mitchell John, a 23 year old from Murrurundi appeared for sentencing on a charge of knowingly drive vehicle in manner menaces other at Willow Tree on December 22 last year. Mr Brown also had two fresh charges of drive with high range prescribed concentration of alcohol from incidents on December 9 in Tamworth with a reading of 0.169 and on December 15 in Murrurundi with a reading of 0.162. Mr Brown also had a fresh charge of drive while suspended on December 15. Pleas of guilty were entered and an aggregate gaol sentence of 20 months was handed down with a non-parole period of 12 months. An interlock period of 24 months will also apply when Mr Brown obtains a licence. Mr Brown was taken into custody.
CLINCH, Alicia Renee, a 31 year old from Murrurundi had a charge of drive with high range prescribed concentration of alcohol in Blandford when he returned a reading of 0.161 following a motor vehicle crash. Ms Clinch was convicted and disqualified from driving for 8 months, with a 24 month interlock period. The matter was adjourned to February 19 in Tamworth and an assessment will be made for suitability for home detention for 11 months.
COOTE, Jamie Scott, a 27 year old from Tamworth entered a written plea of guilty to a charge of drive with high range prescribed concentration of alcohol. The matter was adjourned to Tamworth on January 22.
CUNNEEN, Sheree Lisa, a 33 year old from Scone had three charges of shoplifting two of which were less than $2,000 and one count of enter enclosed land not prescribed premises without lawful excuse. The items are alleged to have been a 750ml bottle of Hennessy cognac from Coles valued at $70 on April 27, a Dr Pepper from the Aberdeen fuel station valued at $3 on May 4 and a 700ml bottle of cognac from Woolworths in Scone on August 17. The matters were dismissed providing Ms Cunneen adheres to an enforceable treatment plan.
DRURY, Craig Andrew, a 39 year old from Merriwa had a charge of novice driver drive with novice range prescribed concentration of alcohol on December 23 last year with a reading of 0.016. An appeal to a decision for licence suspension ineligibility was also mentioned. Mr Drury acted for himself and showed proof that he had obtained his full licence. The matters were proved and discharged under section 10 with a good behaviour period of 9 months.
FERFOGLIA, Nicolas, a 25 year old from Scone appeared in custody on numerous charges. There were two charges of possess prohibited drug, one charge of shoplifting less than $2,000, one charge of good in custody suspected of being stolen, one charge of drive while licence suspended, two charges of destroy or damage property, one charge of larceny, one charge of be carried in conveyance taken without consent of owner, one charge of stalk/intimidate intend physical harm etc and two charges of threaten destroy/damage own property to injure other. Mr Ferfoglia pled guilty to the shoplifting, larceny, destroy/damage property, possess drug and drive suspended charges. A plea of not guilty was entered for the charges of be carried in conveyance without consent, stalk/intimidate and threaten destroy/damage own property to injure other. The matters were put down for sentencing and hearing on February 23. No bail was applied for and Mr Ferfoglia remained in custody.
GODBOLD, Tracey, a 32 year old from Merriwa had charges of drive with high range prescribed concentration of alcohol and never licenced person drive vehicle on road in Merriwa on September 30 with a reading of 0.163. Ms Godbold was sentenced to a term of 9 months home detention and an interlock period of 24 months upon obtaining a licence. A fine of $300 was imposed for the charge of drive never licenced.
HARRIS, Dallas Gary, a 39 year old from Muswellbrook had a charge of drive while licence cancelled on June 3 in Scone, which was the second offence. The matter was adjourned until to February 22, with no further adjournments allowed.
HENLEY, Alexander Stuart, a 19 year old from Murrurundi had charges of cultivate prohibited plant – small quantity and drive motor vehicle during disqualification period – second offence. The matter was adjourned to February 22 for reports to be obtained.
HEYCOX, Patrick William, a 45 year old from Cassilis appeared for hearing on charges of common assault and possess prohibited drug, 1.2 grams of cannabis on August 25. Mr Heycox did not have legal representation and the matter was put over to January 19, no further adjournments will be allowed.
JEFFRIES, Penny, a 55 year old from Scone appeared on a charge of high range prescribed concentration of alcohol with a reading of 0.168 in Scone on December 14. The matter was put over to February 22 for the traffic offenders programme and reports to be completed.
JOHNSON, Nicholas Rowney, a 27 year old from Scone appeared on charges of drive with high range prescribed concentration of alcohol in Aberdeen on July 29 with a reading of 0.198. The matter was discharged and dismissed providing that Mr Johnson complies with a treatment plan.
KILROY, Corey John, a 22 year old from Scone had charges of take and drive without consent, break and enter house etc steal value less than $60,000 and deal with property proceeds of crime less than $100 000. The alleged offences occurred on October 23 between 11pm and 7am. It is alleged Mr Kilroy took a Toyota Camry sedan without consent and broke and entered a house in Short Street, Scone. While in the house it is alleged he stole a Panasonic 50 inch smart TV and power cord and a bottle of Brown Brother’s champagne. It is also alleged he disposed on the TV and power cord, which he knew to be stolen. The matter was adjourned until January 18, 2018.
KITE, Glen, a 42 year old from Scone appealed a decision of the Roads and Maritime Services. The appeal was allowed.
LAMM, Frederick John, a 25 year old from Scone appeared on a charge of drive with middle range prescribed concentration of alcohol in Scone on September 17 with a reading of 0.113. The offence was proven and dealt with under section 10and a bond to be of good behaviour for 9 months.
LOWICK, Larry Scott, a 41 year old from Dungowan had a charge of destroy or damage property less than $2,000 in Middlebrook on July 15. The matter was adjourned to January 18 where a plea must be entered.
MANN, Jake Beau, a 25 year old from Muswellbrook had a charge of novice driver drive with novice range prescribed concentration of alcohol in Aberdeen on October 3 returning a reading of 0.012. His licence was suspended for 4 months and he was fined $450.
MCDONALD, Robert John, a 55 year old from Hillvue pled not guilty to a charge of class A motor vehicle exceed speed > 10 kilometres. Mr McDonald was not served evidence prior to the case and requested time to review the evidence. The matter was adjourned until February 22.
MCNAMARA, Anne-Adele, a 21 year old from Singleton appeared a charge of possession of equipment for administering prohibited drugs which is alleged to have occurred in Singleton on December 21 when police found her in possession of a water pipe used for drugs such as smoking ice. Ms McNamara had also breached bail on several other matters including several counts of stalk/intimidate intend fear etc harm and possess prohibited drug. Magistrate Prowse said based on the number of times Ms McNamara had breached bail there was no reasonable prospect of her complying with any bail conditions, “with your actions of offence, after offence, after offence.” Bail was refused and the matter was adjourned to Cessnock on January 10.
MUDGE, Bradley Raymond, a 39 year old from Yamba had charges of drive motor vehicle under the influence of alcohol. Mr Mudge had other drugs detected after a motor vehicle accident on June 7 2016. The mater was discharged and dismissed providing Mr Mudge complies with a treatment plan.
QUILTY, Thomas Andrew, a 39 year old from North Bondi pled guilty to a charge of drive with low range prescribed concentration of alcohol, which was his second offence. Mr Quilty was breath tested at approximately 11:20am on November 7 on the New England Highway, Scone and returned a reading of 0.075. Police had pulled Mr Quilty over for travelling at 88 kilometres an hour in a 50 kilometre zone. The police smelt alcohol on his breath and conducted a breath test. The matter was adjourned to Waverley on January 24.
WICKS, Thomas William, a 34 year old from Quirindi entered a plea of guilty to a charge of drive while licence suspended in Merriwa on November 30. The matter will be heard for sentencing on February 22.
WILLIAMS-EDMISTON, Louisa, a 21 year old from Merriwa did not appear to appeal a decision by the RMS. The matter was put over to January 18 where if there is no appearance the appeal will be dismissed.
WILLMORE, Gill, applied for a personal violence order against Clayton Evans. An interim order granted and the matter was adjourned until January 18.
WOODS, Cody Jon, a 22 year old from Werris Creek appeared in court to appeal a decision by the Roads and Maritime Services. The matter was adjourned until January 18.
WYBORN, Corby David, a 20 year old from Scone appeared unrepresented on a charge of not wear a seatbelt properly adjusted. The matter was proven and dismissed with a bond to be of good behaviour for 4 months.
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