Scone Court Report: February 2018

MAGISTRATE Julie Soars began her appointment at the Scone Court House on Thursday and stressed the importance of a licence being a privilege not a right to many who came before her. “With the public transport issues in regional areas most people need their licence to get to work, it is a privilege to have a licence not a right and should be treated as such,” said Magistrate Soars. She also asked, “has Uber come to Scone yet?” Musing most Uber drivers would like longer fares to mine sites. Magistrate Soars also said she preferred anyone on a treatment plan “to be overseen by someone to help keep them responsible and on track.”

On Friday Magistrate Malcolm McPherson stood in for Magistrate Soars and court will not sit in Scone in March, due to training commitments for Magistrates in New South Wales, but will resume in April.

ABBOTT, Susan, a 57 year old from Scone had two charges of rider not wear approved bicycle helmet/fitted/fastened set down for hearing. The hearing was adjourned until April 20.

AUSTIN, Robert, a 28 year old from Singleton failed to appear on court for two counts of larceny. The first count related to a 1.25 litre bottle of cola and a box of Cheezles to the total value of $2.75 at Scone Woolworths on October 30 and the second count related to $6 in cash stolen from McDonald’s in Singleton. Mr Austin was convicted in his absence and fined a total of $500.

BAILEY, Jamie, a 33 year old from Kurri Kurri had a charge of driver use mobile phone when not permitted. The offence allegedly occurred on November 29 at approximately 10:05 am on the New England Highway, Scone. The matter is set down for hearing on May 25.

BENNETT, William Frank, a 21 year old from Muswellbrook had a charge of driver motor vehicle while licence suspended – first offence. The offence occurred on November 12 at approximately 12:55am on Gundy Road, Scone. Magistrate Soars noted it was the manner of Mr Bennett’s driving which brought him to the attention of police, “having a licence is a privilege not a right and needs to be respected especially living in an area without public transport. In this area if you want to be working it is essential.” Mr Bennett was found guilty without conviction and placed on a good behavior bond for 12 months.

BOUNDY, Simon James, a 30 year old from Muswellbrook entered a written plea of guilty on a charge of possess prohibited drug. The offence occurred on February 12 when Mr Boundy was stopped for a random breath test on Barton Street, Scone at approximately 2:20pm. Police noted a strong smell of cannabis from inside the vehicle. A small resealable bag containing 5.16 grams of cannabis was found. Mr Boundy was convicted of the offence and was fined $500.

FERFOGLIA, Nicolas, a 25 year old from Scone appeared in custody on numerous charges for sentence and mention. All matters were dealt with and he received an aggregate sentence of 12 months with a non parole period of three months. Mr Ferfoglia has been in custody since November 24 and was released today with three months served. He has been released from custody until a position becomes available in a treatment centre. There were two charges of possess prohibited drug which he was convicted under section 10 with no conviction recorded. For the charge of shoplifting less than $2,000 he received a seven month gaol term. On the charge of goods in custody suspected of being stolen he received a three month gaol term. The charge of drive while licence suspended was dealt with under section 10 and he was convicted and disqualified from driving for three months. The two charges of destroy or damage property were each given a three month gaol term. On the charge of larceny he was given a five month gaol term. A plea of guilty to the charge of be carried in conveyance taken without consent of owner received a seven month gaol term. The charge of stalk/intimidate intend physical harm etc was withdrawn. A plea of guilty was entered to two charges of threaten destroy/damage own property to injure other for which a sentence of 10 months gaol was given. Magistrate McPherson advised Mr Ferfoglia not to fall back into the same circumstances that put him in gaol during his wait to enter a treatment facility or he may as well book a permanent room in gaol saying that the responsibility was his own.

FERNANDEZ, John, a 44 year old from Scone appealed an application for disposal of surrendered or seized firearms. The solicitor for Mr Fernandes said his client intended to transfer the firearms to his brother. Magistrate Soars noted the matter had been adjourned previously and said the matter would only be adjourned once more. It was adjourned until April 19.

FISHBURN, Thomas Edward, a 33 year old from Scone had charges of use offensive language in/near public place/school, assault police officer in execution of their duty, rider not wear approved bicycle helmet/fitted/fastened and two counts of possess prohibited drug. The matters were adjourned for hearing on May 25.

FORD, Brandon, a 21 year old from Scone pled guilty to a charge of learner not accompanied by driver/police officer/tester. The offence occurred on December 1 at approximately 9am on Phillip Street, Scone. Mr Ford failed to negotiate a tight right bend and left the roadway down a steep embankment which drops into a 6 foot deep gully. Mr Ford’s vehicle came to rest on its nearside in the gully and he got out of the vehicle and sought assistance from a nearby resident, who gave Mr Ford a lift home. Police were notified of the issue and determined Mr Ford, an L-plate driver, had been driving without a supervisor at the time. Magistrate Soars stressed the danger of learner drivers driving unsupervised and the aggravating feature of driving on L-plates unsupervised with a child in the car. Mr Ford was disqualified from driving for three months and fined $250.

HARRIS, Dallas Gary, a 40 year old from Muswellbrook appeared in court on a charge of drive while licence cancelled. The alleged offence occurred on June 3 in Scone at approximately 6:02pm on Liverpool Street. The matter was adjourned until April 19.

HAWKSHAW, Jack William, a 20 year old from Scone failed to appear in court on charges of common assault and destroy or damage property. The property damaged was a number of china plates, cups and saucers. Mr Hawkshaw was convicted and fined $500 for the assault charge and $400 for the property destroyed.

HAY, Brendan Roland, a 25 year old from Wamberal had charges of drive with low range prescribed concentration of alcohol – first offence, class A motor vehicle exceed speed greater than 30 kilometres and hour and use light vehicle not comply with tail lights standards. The matters were adjourned for hearing on April 20. ,

HENLEY, Alexander Stuart, a 19 year old from Murrurundi appeared in court as he had breached bonds relating to cultivate prohibited plant – small quantity and drive motor vehicle during disqualification period – second offence. It was explained by Mr Diggins, the lawyer representing Mr Henley, that in complying with his treatment plan Mr Henley was unable to report regularly to police. Magistrate Soars removed the requirement of supervision from the bonds and gave him a good behavior bond for 18 months. Magistrate Soars warned, “if you breach this bond with further offences potentially that will be full time custody…keep going and adhere to the treatment plan.”  

HOULTON, Jesse Gary John, a 25 year old from Wollar had charges of assault occasioning actual bodily harm, stalk/intimidate intend fear physical harm, destroy/damage property and common assault. The matter was adjourned for hearing on April 20.

JEFFRIES, Penny, a 56 year old from Scone had a charge of drive with high range prescribed concentration of alcohol – first offence. The matter was adjourned until April 19.

KEEGAN-CRANE, Leighton Toby, an 18 year old from Muswellbrook had charges of drive with middle range prescribed concentration of alcohol, P1 driver exceed speed by more than 45 km/hr and not comply with P1 licence – no P plates. Mr Keegan-Crane will attend the Traffic Offenders Program and the matter was adjourned until May 24.

KING, Aiden Joshua, a 20 year old from Picton pled guilty to a charge of drive with middle range prescribed concentration of alcohol – first offence. The offence occurred on a road to the Cassilis War Memorial Park Grounds at approximately 3:30am on February2 when Mr King returned a reading of 0.108 grams of alcohol in 210 litres of breath. Magistrate Soars noted it was Mr King’s driving which brought him to the attention of police. Mr King was convicted of the offence, fined $400 and disqualified from driving for six months.

KORN, Ricki Le, a 26 year old from Mudgee had a charge of drive with middle range prescribed concentration of alcohol – second offence. The alleged offence occurred at approximately 2:10am on February 4 in Cassilis, when Mr Korn allegedly returned a blood alcohol reading of 0.123. The matter was adjourned to Mudgee on March 21.

LAMBKIN, Adrian, a 47 year old from Muswellbrook – applied for removal of driver licence suspension. It was noted Mr Lambkin had not been convicted of any driving offence during the relevant offence period and had been a presenter at the Traffic Offenders Program. Magistrate Soars said, “you are someone who has managed to stay off the road and done the right thing. I will grant your application and wish you all the best of luck. You’ve learnt the hard way that a licence is a privilege.”

LEES, Jason, a 31 year old from Aberdeen failed to appear in court for possess prohibited drug. The offence occurred at approximately 9pm on January 26 in Scone. Police had sited Mr Lees leaving a known drug location in Scott Street, Scone and getting in a car. Police approached Mr Lees and questioned why he was at the location. Mr Lees informed police he had been at the address to purchase drugs. Police asked where the drugs were and Mr Lees produced a small torch which was in the footwell of the front passenger seat. The torch was pulled apart and a bag containing methyl-amphetamine measuring approximately 0.6grams was found. Mr Lees was convicted in his absence and fined $750.

LEWIS, Braiden James, a 20 year old from Aberdeen, pled guilty to a charge of drive motor vehicle while licence suspended – first offence. Mr Lewis was caught driving without a licence on December 8 at approximately 10:30pm on Mount Street, Aberdeen. Mr Lewis was found guilty without proceeding to conviction, with a good behavior bond of 18 months.

LOVE, John Richard, from Mirboo North, Victoria failed to appear in court to appeal a decision of the Roads and Maritime Authority. The matter was dismissed.

MAMO, Michael William, a 42 year old from Denman had a charge of drive not wear seatbelt properly adjusted/fastened from an incident in Scone on October 20 last year.  Mr Mamo plead guilty via his solicitor. The matter was dealt with under section 10 and was dismissed with no conviction recorded.

MARLEY, Denis James, a 38 year old from Cassilis presented in court and pled guilty to charges of drive with low range prescribed concentration of alcohol and drive motor vehicle while licence suspended. The matters were adjourned to Gunnedah on March 6.

McDERMOTT, Roydon Crichton Tewarri, a 31 year old from Scone failed to appear on a charge of variation application notice after breach. The matter was adjourned until April 19.

MCDONALD, Robert John, a 56 year old from Hillvue had a charge of exceed speed greater than 10km/hr – camera detected. The matter was adjourned to April 20 the magistrate noted if Mr McDonald didn’t attend court it would be dealt with in his absence.

MCGUNNESS, Amy Lee, a 32 year old from Dubbo had a charge of drive vehicle, illicit drug present in blood. The alleged offence occurred on October 25 in Merriwa at approximately 12:30pm when Mr McGunness returned a positive reading to methylamphetamine. The matter was adjourned until March 26 in Dubbo.

PARKER, Andrew, a 34 year old from Cassilis entered a written plea of guilty to a charge of cultivate prohibited plant – small quantity. Police found him in possession of two 110cm high cannabis plants on January 25 in Cassilis. The matter was adjourned until April 19.

PEACOCK, Bonnie Jayne, a 40 year old from Carina Heights failed to appear on a charge of drive vehicle illicit drug present in blood – first offence. The alleged offence occurred on the New England Highway in Scone on October 26 at approximately 11:45am. The matter was adjourned until April 19.

PHELPS, Andrew John, a 56 year old from Scone presented to the court and pled guilty to a charge of drive with middle range prescribed concentration of alcohol – first offence. The offence occurred at approximately 5:14pm on Satur Road in Scone on January 28. Mr Phelps returned a reading of 0.136. Police were patrolling in an easterly direction along Satur Road, when they observed a blue Mazda 3 sedan travel around a left hand corner and cross double unbroken lines to the incorrect side of the road towards the oncoming police vehicle. Police described having to break harshly fearing a collision. The car returned to the correct side of the road, police performed a u-turn and pulled over Mr Phelps. Mr Phelps was observed to be unsteady on his feet and struggled to follow simple instructions. Mr Phelps said he had consumed six schooners of Hahn Super Dry at the Scone RSL between approximately 2pm and 4:50pm. Magistrate Soars said Mr Phelps’ reading was almost high range and said there was a high degree of moral culpability in the case. “This error of judgement put the community at risk, including police officers.” Mr Phelps was convicted and fined $500, with a six month disqualification period.

RICHARDS, Andrew, from Murrurundi was a respondent to an application for noise abatement and prevent recurrence from Jon Russell and Lisa Smith. The matter relates to the noise made by dogs owned by Mr Richards. The matter was referred to the Community Justice Centre for mediation and the matter was adjourned until April 19.

ROSSINGTON, Justin, a 34 year old from Parkville had a charge of drive with low range prescribed concentration of alcohol, which is alleged to have occurred at East Maitland on December 21 when he returned a reading of 0.05. The matter was adjourned until April 19.

ROWE, Jason Noel, a 43 year old from Bunnan had charges of stalk/intimidate intend fear physical harm and two counts of destroy or damage property. Mr Rowe is currently in custody and the matter was adjourned for hearing on May 25.

SCHARER, Melissa Jane, a 48 year old from Scone had a charge of assault occasioning actual bodily harm. The matter was adjourned until April 20.

SIEVERS, Natalie Clare, a 31 year old from Heatherbrae pled not guilty to a charge of destroy or damage property less than or equal to $2,000. The matter was adjourned for hearing on May 25.

SUTTON, Geoffrey Hilton, a 62 year old from Scone, appeared in court and pled guilty to drive with middle range prescribed concentration of alcohol – first offence. The offence occurred at approximately 7:55pm on December 7 on the New England Highway in Scone, when Mr Sutton returned a blood alcohol reading of 0.088. Mr Sutton informed police that he had consumed six XXXX Gold beers at the Scone RSL between 3pm and 7:25pm. Magistrate Soars noted Me Sutton had a daughter who required medical care and had completed the Traffic Offenders Program, but considered that against “you put not only your own life at risk but the lives of other innocent members of the public.” Mr Sutton was given a bond for two years and warned, “make sure no further offences that bring you back before the court…if you comply that will be then end of the matter, but if you commit any further offences you can be resentenced and it carries not only a harsh fine, but also a gaol sentence.”

THOMPSON, Rebecca Elizabeth, a 33 year old from Denman entered a written plea of guilty to a charge of drive with low range prescribed concentration of alcohol – first offence. The matter was adjourned until April 19.

TREACY, Anthony, a 28 year old from Segenhoe pled guilty to a charge of drive with middle range prescribed concentration of alcohol – first offence. The offence occurred at approximately 2:55pm on November 5 on Gundy Road, Scone. Mr Treacy was found guilty without proceeding to conviction and given a good behavior bond for two years.  Magistrate Soars explained her judgement was rare for someone with a middle range drink driving charge, “there is no criminal record and nothing on your driving record, not aggravating factors and it is very rare that people come before the court with nothing on their driving record.”

TRUDGETT, James Andrew, a 56 year old from Coolah entered into a written plea of guilty on a charge of possess prohibited drug. The offence occurred on December 13 at Casslis when Mr Trudgett was found in possession of 1.6 grams of cannabis. Mr Trudgett was convicted and fined $250.

WARE, Mitchell William, a 31 year old from Morisset pled guilty to a charge of drive with middle range prescribed concentration of alcohol. The offence occurred on February 1 at approximately 9:15pm on Kelly Street, Scone when Mr Ware returned a blood alcohol reading of 0.085. The matter was set for sentencing on May 25.

WICKS, Thomas William, a 35 year old from Quirindi pled guilty to a charge of drive, licence suspended under section 66 of the fines act – first offence. The matter was adjourned until May 24.

Read: Previous Court Reports.