Scone Court Report: January 2017

IN previous court reports we have covered matters where learner drivers have been supervised by a full licence holder who is intoxicated. In these cases the person supervising the learner driver is charged with drink driving. Magistrate Prowse has often explained it is not acceptable to allow a learner driver to drive without proper supervision because they often don’t yet have the necessary driving experience to make sound decisions while driving. If the supervisor is under the influence of alcohol they are not in a fit position to provide sound judgement.

However, this month Magistrate Prowse deliberated what it meant to be fulfilling that supervisory role and concluded it did not merely require being a full licence holder and sitting in the front passenger seat.

ANDERSON, Leighton, a 48 year old from Devonport failed to appear on charges of destroy or damage property and enter enclosed land not prescribed premises without lawful excuse. It relates to allegations that Ms Anderson entered the land of the Aberdeen water towers on Graham Street, Aberdeen which is the property of Upper Hunter Shire Council and damaged telemetry level sensor cables on the high tower, padlock and door of the property at approximately 7pm on November 26, 2016. Magistrate Prowse noted that the prosecution’s records indicated an officer had hand delivered the court attendance notice to Ms Anderson which he questioned. “Barring her (the officer) from behaving like a senate candidate where she flew to Devonport to serve Ms Anderson it sounds like shoddy record keeping. Then again she may have been down there on holidays for all I know and decided to serve Ms Anderson while she was there, but I’d like to see a copy of her travel tickets.” The Magistrate said he was not satisfied the notice was served and adjourned the matter until February 23.

BANNATYNE, Beau-Dearne, an 18 year old from Lakesland pled guilty to a charge of provisional driver exceed speed by more than 20 kilometres an hour. The offence occurred on the New England Highway at Aberdeen when Ms Bannatyne was travelling at 114 kilometres an hour in a 90 kilometre an hour zone. The Magistrate read Ms Bannatyne’s submission and asked “did you type this up?” To which Ms Bannatyne responded she had. Magistrate Prowse pointed out that she had consistently misspelled honour and asked her how to spell it. Ms Bannatyne said “h-o-n-o-r” to which Magistrate Prowse explained that was the American spelling and not the English spelling which is ‘h-o-n-o-u-r”. Ms Bannatyne said she had relied on spell check on her computer. Magistrate Prowse noted Ms Bannatyne was going to attend University to complete a degree and advised she needed to change the settings on her computer to UK English instead of US English otherwise she may fail her subjects because she could not spell. Ms Bannatyne was directed to attend the traffic offenders program and the matter was adjourned until March 23. Magistrate Prowse rhetorically asked “what is the second thing you will do when you leave the courtroom apart from break into a sweat?” He continued, “you will go and change the thing on your computer from American spelling!”

BURCHFIELD, Dale Edward, a 65 year old from Blandford pled not guilty to a charge of driver use mobile phone when not permitted. The hearing was set down for March 24.

CLARK, Benjamin James, a 24 year old from Scone had charges of dangerous driving occasioning death-drive manner dangerous and negligent driving (occasioning death). The charges relate to the collision on the New England Highway, Scone on August 16 when Mr Scott Pukallus, who was riding a motorcycle was killed. The matter was adjourned until March 23. Related story: Motorcyclist Killed in Accident.

DRURY, Craig Andrew, a 38 year old from Merriwa presented on a charge of novice driver drive with novice range prescribed concentration of alcohol. The alleged offence occurred on December 23 on the Golden Highway in Merriwa returned a breath test reading of 0.016. The Magistrate asked why Mr Drury was still on P-plates and recommended he obtain his full licence before returning to court on May 18.

ELLIS, Bradley Victor, a 20 year old from Cassilis presented on charges of common assault and destroy or damage property equal to or more than $2,000. His solicitor, Mark Diggins, noted that Mr Ellis had since found employment at a piggery. The Magistrate was interested in what kind of pigs were at the farm and a conversation with Mr Ellis ensued about what they fed the pigs. Magistrate Prowse was surprised to learn the pigs were only fed grain and the grain was not soaked prior to consumption. The Magistrate made the point that pigs are omnivores and had an alimentary canal similar to humans. Magistrate Prowse asked what Mr Ellis would do when he got stroppy with a pig on the farm. Mr Ellis responded that he would walk away from the pig. The Magistrate agreed that was a good course of action and recommended he treat his partner even better than he treated the pigs and walk away or engage in civilised conversation if he became stroppy. The matter was proven and dismissed and Mr Ellis was given a good behaviour bond for 10 months.

FAP360 Trading Pty Ltd v SMITH, Tracey, the matter was referred to the Community Justice Centre for mediation and was adjourned April 20.

FERRIS, Sarah, a 33 year old from Aberdeen pled guilty to a charge of drive with middle range prescribed concentration of alcohol. The offence occurred on October 3 on Macqueen Street, Aberdeen. Ms Ferris returned a breath test reading of 0.108. Magistrate Prowse said he took into account that she had pled guilty at first available opportunity and was entitled to a sentencing discount. He noted that it wasn’t the quality of her driving that brought her to the attention of police, but also noted she was middle of mid-range which did not do her any credit, nor did the fact that she was on the way to purchase cigarettes. He noted Ms Ferris had been suspended from driving since November 3 which is half the minimum period if she were to be convicted.  He also drew her attention to the previous mid-range driving charge in 2008 and said it did not do much credit for her either, especially considering Ms Ferris needed her licence for her job, so she should treat her licence like gold. Ms Ferris had completed the traffic offenders program, which he said helped her case. Magistrate Prowse said the only thing that would help her was that Ms Ferris’ daughter was reliant on her mother having a licence. Magistrate Prowse asked what kind of cigarettes Ms Ferris was buying. Ms Ferris clarified that she was on her way to purchase bread not cigarettes, but said she smoked JPS. Magistrate Prowse asked why she didn’t just enjoy proper cigarettes such as unfiltered camels, because she would enjoy them more, she would get lung cancer quicker and die in agony sooner. He said the other cigarettes were a waste of time and while he said he was a reformed smoker he jested that he did not miss it at all. He said smoking was one of the best activities you can engage in, but it is an activity designed to kill you and suggested she might want to stay around for her daughter. Magistrate Prowse also pointed out that it was Ms Ferris’ second offence, “you’ve got number two under your belt and if you get to number three what do you think will happen?” Mr Ferris responded, “I’ll probably go to gaol.” Magistrate Prowse responded, “you can drop the ‘probably’ and insert ‘will go’ to gaol! Come back and I’ll be waiting for you!” The matter was proven and Ms Ferris was given a good behaviour bond for 15 months. “Don’t make the mistake of coming back,” warned Magistrate Prowse.

FLAHERTY, Peter, a 68 year old from Aberdeen pled guilty to a charge of drive with low range prescribed concentration of alcohol. Mr Flaherty returned a breath analysis reading of 0.075 on November 12 whilst driving on Macqueen Street, Aberdeen. The Magistrate noted another drink driving matter which had occurred in the Northern Territory in 1984, but also his relatively good driving record considering he had been a truck driver as a career. Magistrate Prowse said he took into account that Mr Flaherty had pled guilty at the first available opportunity, had completed the traffic offenders program and that the quality of his driving had not brought him to the attention of police, rather it was a random breath test. Mr Flaherty had consumed alcohol at a hotel while eating a counter-meal. Magistrate Prowse noted the defendant’s worthwhile contributions in caring for local parks and plants and the benefits to the community of maintaining those activities, but said if he valued his licence for his job then he should not drink alcohol. The Magistrate said it was possible to get through a meal without consuming alcohol and asked Mr Flaherty what he had for breakfast and Mr Flaherty explained he did not have breakfast. Magistrate Prowse asked if he drank alcohol for breakfast, to which Mr Flaherty said he did not. The Magistrate said it indicated Mr Flaherty was not an alcoholic and was therefore able to get through the day without drinking alcohol, have a meal without having alcohol and recommended he not drink if he intended to drive. The matter was proven and Mr Flaherty was given a nine month good behaviour bond.

*Editor’s note: Peter Flaherty is my uncle. As a court reporter I can only report on what has happened in the court and have to remain unbiased. Reporting on this matter has been difficult for me because my cousins and I have always taken great pleasure in stirring him. While I have had to use restraint as a court reporter, as a family we will ensure he receives a thorough ribbing about the matter at every opportunity. Certainly there is no favouritism shown to friends and family of the court reporters.

GILL, Joel Michael, a 36 year old from Merriwa pled guilty on a charge of drive with high range prescribed concentration of alcohol. It was Mr Gill’s second offence. The offence occurred on November 26 on the Golden Highway in Merriwa when he returned a breath analysis reading of 1.153. Mr Gill’s solicitor Mr Diggins put forward the case for Mr Gill to be given bail, outlining that he didn’t believe he was a flight risk, had no offences since his licence had been suspended, was in full time employment, his parents were willing to deposit $2,000, he was prepared to adhere to curfews and any other bail conditions the court required. However, Magistrate Prowse said he had breached a bond, noted it was his second high range offence within five years and was drink driving whilst licence  suspended. The Magistrate said, “you are clearly endangering the community.” He refused bail and Mr Gill was taken into custody. A presentence report was ordered and the matter was adjourned until March 13.

GODDARD, Raymond, a 37 year old from Scone had a charge of assault occasioning actual bodily harm. The matter was adjourned until February 24.

GOLDSMITH, Alana Aisne, a 20 year old from Maitland appeared on a charge of common assault. The matter dismissed and she was ordered to receive treatment and intervention in accordance with the mental health act.

HARDES, Allan Kenneth, a 66 year old from Scone appeared on a charge of exceed speed by less than or equal to 10 kilometres an hour. Magistrate Prowse noted Mr Hardes pled guilty at the first available opportunity and while he had a number of speeding fines they were not on a regular basis. The matter was proven and he was given a good behaviour bond for 9 months. The Magistrate said, “sign up for your bond and take your foot off the accelerator.”

HILLHOUSE, Cassey-Anne, a 31 year old from Scone failed to appear on a charge of receive financial advantage from Commonwealth entity. The commonwealth entity alleges Ms Hillhouse intentionally provided incorrect information regarding damage to her residential address and as a result obtained a financial advantage. A warrant was issued for her arrest.

LAKE, Corey David Maurice, a 24 year old from Dubbo had a charge of common assault and fail to appear in accordance with bail acknowledgment. The matter was adjourned until April 20 for hearing.

MASON, Shane Andrew, a 44 year old from Hollydeen pled guilty to the charge of holder category A or B licence not have approved storage. His solicitor Mr Graham explained Mr Mason had been moving from the residence and had unbolted the gun safe from where the firearms were stored, but noted it had remained locked and Mr Mason had the key at another premises. Mr Mason was seeking re-entry to the property to remove the safe when the police visited the property and brought the charge. The Magistrate noted Mr Mason had entered a plea of guilty at the first available opportunity. The case was proven and dismissed.

MCINNES, Christina Elizabeth, a 32 year old from Muswellbrook failed to appear on a charge of shoplifting, which was relating to one eyeliner and one box of tampons of a total value of $21 from Coles in Scone on November 27. A warrant was issued for her arrest.

MCKENZIE, Terry, a 37 year old from Scone appeared on a charge of common assault. There was some discussion between Mr McKenzie’s solicitor Mr Mark Diggins and Magistrate Prowse in relation to being able to access mental health care in the area, which can be problematic prompting Magistrate Prowse asked why telemedicine could not be used from Scone hospital. The Magistrate noted there was already a community treatment order in place, said he believed the matter was better dealt with under the mental health act and recommend Mr McKenzie “keep doing the community treatment order.”

MEAD, Paul William, a 32 year old from Tamworth appeared on a charge of drive motor vehicle during disqualification period. It was Mr Mead’s second offence. Mr Mead wanted to attend the traffic offenders program and sought an adjournment until March 27 in Tamworth. The adjournment was granted and a presentence report was requested.

MEADE, Daniel Joseph, a 33 year old from Muswellbrook presented in custody on a charge of contravening a violence order. Mr Meade was granted bail, but Magistrate Prowse warned that if he breached bail he would be taken to Tamworth court. Magistrate Prowse if Mr Meade knew why that was the case and said it was “because I sit there.” The matter was adjourned to Muswellbrook on February 6.

MOLLOV, Heidi Udilaya, a 33 year old from Scone pled not guilty to a charge of driver not wear seatbelt properly adjusted/ fastened. The hearing was set down for March 24.

NEWMAN, Anthony Robert, a 43 year old from Murrurundi appeared on a charge common assault and a charge of stalk/intimidate intend fear physical harm. Mr Newman is currently in rehabilitation and the matter was adjourned until February 23.

PALMER, Joseph William, a 39 year old from Rouchel pled guilty to a charge of drive with high range prescribed concentration of alcohol. Mr Palmer returned a reading of 0.185 on November 19 on the New England Highway at Aberdeen. Mr Palmer’s solicitor said Mr Palmer had never been to gaol anD Magistrate Prowse said, “well there’s a first time for everything, except for people that don’t commit crimes. Thankfully we don’t go to gaol based on only the intention to break the law, then again if you are an immigrant or refugee they do, they haven’t committed a crime and they are locked up, but for us good white folk we only get locked up if we have committed a crime.” A presentence report was ordered and the matter was adjourned until March 23. Magistrate Prowse warned Mr Palmer, “just because you are having an assessment for an alternative to gaol, doesn’t mean you’ll get it.”

PEEBLES, Hugh Edwin, a 41 year old from East Lindfield failed to appear on a charge of possess prohibited drug. The charge related to an allegation of possessing1.5 grams of cannabis at Merriwa on December 25. The matter was adjourned until February 13 at the Downing Centre.

PIKE, Neil, v ALLISON-WOODS, Ashleigh and ALLISON-WOODS, Robin. The matter was referred to mediation in the first instance and adjourned until April 20.

PRESTON, Shane Troy, a 35 year old from Scone pled not guilty to contravene prohibition/restriction in apprehended violence order. The matter was set for hearing on April 21.

REICHEL, Thomas Leslie, a 25 year old from Parkville appeared on charges including assault occasioning actual bodily harm, threaten to destroy/damage other person’s property, two counts of common assault, one count of stalk/intimidate intend fear physical harm, intimidate police officer in execution of duty, two counts of destroy or damage property less than $2,000 and one count of exclude person re-enter/attempt to re-enter premises. Mr Reichel is currently in rehabilitation and the matter was adjourned until June 22.

ROBINSON, Megan, a 29 year old from Scone presented on a charge of licensed driver, high range prescribed concentration of alcohol sit next to a learner driver, on Friday, September 9. Ms Robinson had attended her own hen’s night and her husband, Carl Palmer, was the learner driver who was driving her home.  Ms Robinson said she had driven her car to the Golden Fleece Hotel earlier in the evening and she intended to leave her car there overnight. After drinking at the Golden Fleece the party made their way to the Belmore Hotel where they continued to drink. Mr Palmer moved the car from the Golden Fleece to the Belmore Hotel, without a supervising driver and after consuming alcohol himself. Mr Palmer said close to closing time he helped Ms Robinson to the car and placed her in the passenger seat of the vehicle. He described her as “very, very drunk” and Ms Robinson said she did not recall much of the evening including being placed into the car. She does remember Mr Palmer nudging her and bringing her attention to the police pulling them over. Senior Constable David Barry described the police facts of the matter and recalled Ms Robinson said at the police station that she had not been supervising the driver. Magistrate Prowse said the Crown had to prove Ms Robinson held a licence, which they had, prove Mr Palmer held a licence, which they had, that Ms Robinson occupied the passenger seat next to the learner driver, which they had, but said the court had to determine if Ms Robinson was supervising the driver “whether in part or in full”. The Magistrate said the Crown had assumed Ms Robinson was in a supervising capacity simply by her occupying the front passenger seat of the car. However, he said “it would appear Mr Palmer selected the seat she sat in, not Ms Robinson and not under the direction or behest of Ms Robinson, she was in the front seat not through her choice or intervention and was undoubtedly intoxicated with a reading of 0.162. The testimonies of the police, Ms Robinson and Mr Palmer, such as needing assistance to walk, mumbling and so forth and in those circumstances Ms Robinson was merely occupying the seat and performing no supervisory role whatsoever.” The case was dismissed.

RICHARDSON, Linda, of Bunnan appeared in court in relation to a personal violence order applied for by Elizabeth Flaherty. The matter had been referred to the Community Justice Centre for mediation in December, but the mediation had not occurred. Ms Richardson’s solicitor Mr Hoffman said the mediation would occur in February and the Magistrate asked Ms Flaherty if she wanted the undertakings of the personal violence order to continue, which Ms Flaherty said she did. The matter was adjourned until February 23. See update: Scone Court Report: February 2017.

RYAN, Lachlan Gerard, an 18 year old from Seahampton appeared on charge of special category driver drive with special range prescribed concentration of alcohol. The offence occurred on November 13 at Oxford Street, Scone when Mr Ryan returned a reading of 0.021. Magistrate Prowe told Mr Ryan it was not compulsory to drink alcohol, “unless you are the last remaining member of the rum corps, are you in fact the last remaining member?” Mr Ryan was confused by the reference, but said he was not. Magistrate Prowse explained they ran New South Wales and their currency was rum adding, “it seems in New South Wales the fascination with rum remains, but I encourage you to break the pattern”. The matter was proved and Mr Ryan was given a good behaviour bond for six months.

SAUNDERS, Benjamin Alan, a 25 year old from Glenmore Park failed to appear on a charges of behave in offensive manner in/near public place/school and resist officer in execution of duty. The offences are alleged to have occurred at Cassilis on January 30, 2016 at the Cassilis Rodeo Grounds. A warrant was issued for his arrest.

SIECH, Jason Lee, a 45 year old from Scone pled guilty to drive with low range prescribed concentration of alcohol. It was Mr Siech’s second offence. The offence occurred in Scott Street, Scone on August 26, when Mr Siech returned a reading of 0.050. Mr Siech is completing the traffic offenders program and the matter was adjourned until February 23.

SIEVERS, Natalie Clare, a 30 year old from Scone pled not guilty to a charge of destroy or damage property. It is alleged Ms Sievers damaged a window and cladding on the property of Kym McGrath on May 21. However, Ms Sievers claimed she was visiting her mother in Raymond Terrace during that time and did not cause damage to Ms McGrath’s property. Magistrate Prowse adjourned the matter until the following day to allow Ms Sievers to find her train tickets to prove she was in Raymond Terrace during that period. However, Ms Sievers failed to appear in court the following day and a warrant was issued for her arrest.

SMALL, Kyle Anthony, a 40 year old from Muswellbrook failed to appear on a charge of possess prohibited drug. It is alleged Mr Small was in possession of 3.9 grams of cannabis in Scone on May 20. The matter was adjourned until February 23.

SWEENY, Caelan Nevin, a 19 year old from Oxley Vale pled guilty to charges of special category driver drive with special range prescribed concentration of alcohol, learner not accompanied by driver/police officer/tester and take and drive conveyance without consent of owner. The offence occurred on December 31 on Brushy Hill Road, Glenbawn Dam when he returned a reading of 0.029.The matter was adjourned until February 13 in Tamworth.

TAYLOR, Tony John, a 32 year old from Muswellbrook appeared on two counts of drive motor vehicle while licence suspended. Mr Taylor’s solicitor, Mark Diggins, argued Mr Taylor was not aware his licence had been suspended. Magistrate Prowse questioned if Mr Taylor had received notification, “there are some instances when there are records of notification being sent, but it may not been received or in fact ever occurred and who knows how Mr Taylor was notified whether it was carrier pigeon or tattooed on the back of a snail.” Magistrate Prowse noted Mr Taylor had contacted the state debt recovery to ask if he was able to drive and believed he was able to drive. He further noted it wasn’t the Crown’s fault that the Roads and Maritime Services record keeping is less than perfect. The case was dismissed. However, Magistrate Prowse suggested it would be a good idea for Mr Taylor to have “p-plates super glued, welded, affixed with permanent sticking charm on the car, have 25 so that when 23 come off there are still two flapping in the breeze.”

VANHAREN, Clay Vincent, a 22year old from Muswellbrook failed to appear on charges of remain on enclosed land not prescribed premises without lawful excuse, stalk/intimidate intend fear physical harm and use unregistered registrable class A motor vehicle. A warrant was issued for his arrest.

WALSH, Luke, a 22 year old from Coonamble appeared on a charge of drive motor vehicle while licence suspended. The matter was adjourned until February 21.

YOUSAF, Atif, a 33 year old from Mount Druitt pled not guilty to a charge of exceed speed limit by more than 10 kilometres an hour. The matter was adjourned until April 21.

WILLIS, Stephen John, a 52 year old from Muswellbrook appeared in custody on charges of stalk or intimidate intending to cause fear of physical or mental harm in relation to staff at Compass Housing in Muswellbrook. Mr Willis was given bail with conditions including that he adhere to a curfew and did not go past the Scone side of the Muswellbrook courthouse. The Magistrate mused that Mr Willis would be easy to find for police because he has 32 pages of entries on his record so “was no shrinking violet”. A discussion was had about the location of Compass Housing, with one description offered to the court that it was opposite Hungry Jack’s. The Magistrate said he believed he was “one of the few Australians who did not navigate their way around based on the location of fast food services.” In terms of the curfew Magistrate Prowse asked when Mr Willis might expect a visit from the police to check he was adhering to the curfew and said, “if I was a cop I’d go around on nightshift when I was bored and check on you at any hour.” The matter was adjourned to Muswellbrook Court on Monday, January 23.

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