Scone Court Report: July 2018

THE following matters were heard in Scone local court this month:

ALLEN, John, a 33 year old from Scone presented on a charge of drive with high range prescribed concentration of alcohol. The offence occurred at approximately 12:01am on March 17 on Satur Road, Scone, when Mr Allen returned a reading of 0.18. Mr Allen worked at the Thoroughbred Hotel in Scone, which is owned by his father, and told police he had consumed five schooners of beer after finishing his shift at 11:55pm. Magistrate Soars noted that she had been to the Thoroughbred Hotel for a meal and asked the defence and prosecution if they had any concerns about a conflict of interest for her hearing the case. Both the defence and prosecution agreed there was no conflict of interest. Magistrate Soars noted Mr Allen had two previous drink driving charges in Victoria which in terms of New South Wales were high: 0.114 and 0.164. “I imagine it is an occupational hazard….but a young man to have these three readings on his record, it does indicate a problem.” The solicitor for Mr Allen said at the time of the offence Mr Allen had been in Scone, away from his family who were living in Victoria for four months, his father had also fallen sick at that time but was now in remission and Mr Allen was managing the business himself. The solicitor also said Mr Allen was of good character and contributed to the community including raising $10,000 for Rural Aid for drought relief and had been attending counselling sessions. The solicitor further explained Mr Allen needed his licence to drive to Victoria and see his family and to run errands for the Hotel. Magistrate Soars said she was concerned there was a pattern of “very high readings and unless offending is brought to a halt you may hurt or kill someone and you will be in goal, so it has to come to an end.” Mr Allen was given a section 9 bond for two years, with the condition of completing the traffic offenders program, fined $700, disqualified from driving for eight months and will have a mandatory interlock for 24 months.

ASTLEY-CLANCEY, Ross Edward, a 27 year old from Murrurundi pled guilty on a charge of drive, licence suspended under s66 of the fines act. The incident occurred on May 26 at approximately 12:10pm on the New England Highway in Murrurundi. The matter was adjourned until September 20.

BAINES, Anthony Robert Patrick, a 31 year old from Segenhoe presented on a charge of drive with middle range prescribed concentration of alcohol. The offence occurred on July 7 at approximately 12:15am, on the New England Highway in Scone when Mr Baines returned a reading of 0.142. Mr Baines had completed the traffic offenders program, was disqualified from driving for six months and given a fine of $700.

BARTON, Jessica, a 30 year old from Warrnambool presented on a charge of drive with high range concentration of alcohol. The alleged offence occurred on May 13 at approximately 1:53pm on the New England Highway in Aberdeen, when Ms Barton returned a reading of 0.166. The matter was adjourned until August 23, when a plea is to be entered.

BERGHAN, Tane Ray, a 26 year old from Singleton pled guilty to charges of refuse or fail to submit breath test and refuse or fail to submit to do breath analysis. The alleged offence occurred on May 12 at approximately 12:16am in Scone. The matter was adjourned to Singleton court for sentencing on August 13.

BIRCH, Nicholas David, a 37 year old from Dartbrook pled guilty to a charge of driver not wear seatbelt properly adjusted/fastened, which occurred on April 26 at approximately 10:33am. Mr Birch was given a section 10 bond for a period of 12 months.

BROOKE, Adam John, a 27 year old from Aberdeen pled guilty to a charge of destroy or damage property. The offence occurred at a property in Perth Street, Aberdeen. Mr Brooke was fined $500.

CABAN, Raymond Tony Thomas, appeared in custody for breach of bail conditions for charges relating to pled guilty to charges including drive while disqualified and drive manner/speed dangerous police pursuit. The prosecution opposed a bail application. The breach occurred when Mr Caban was contacted by the applicant of an apprehended violence order against him and Mr Caban said he was unaware it was a breach if the person contacted him, he explained he only thought it would be a breach if he contacted them. The Magistrate made a variation to the bail conditions to allow contact to occur and granted bail. However, Magistrate Soars warned Mr Caban that any further breach of bail conditions and she would have nothing left to do, inferring custody would be the only option. Mr Caban thanked the Magistrate for giving him another chance. The matter was adjourned until August 23.

CARTER, Jodi, a 48 year old from Merriwa pled not guilty to a charge of owner of dog which attacks person and also to appeal a decision of the Upper Hunter Shire Council on a dangerous dog declaration. The matter of the owner of a dog which attacks person was set down for hearing on August 24, due to the public safety concerns and the appeal decision was set for mention on the same date pending the result of the hearing.

CARTER, Timothy John Henry, a 21 year old from Scone pled guilty to a charge of licence expire less than two years before-prior offence. The offence occurred at approximately 2:50pm on April 23, in Seawood Avenue, Scone. Mr Carter was given a bond to be of good behavior for 18 months.

CONROY, Jenene, a 45 year old from Muswellbrook appeared unrepresented on a charge of never licenced person drive vehicle on road – first offence. The offence occurred at approximately 11:15am on the Golden Highway at Merriwa. The matter was dealt with by way of a fine of $500.

COOK, Leisa Maree, a 46 year old from Merriwa pled guilty on a charge of drive with low range prescribed concentration of alcohol. The offence occurred on May 18 at approximately 11:50pm on Idaville Road, Merriwa, when Ms Cook returned a reading of 0.069. Ms Cook will complete the traffic offenders program and the matter was adjourned until September 20.

COOPER, Guy Gregory, a 31 year old from Kilaben Bay pled guilty to a charge of drive with high range prescribed concentration of alcohol. The offence occurred on June 7, in Waverley Street, Scone when he returned a reading of 0.156. Mr Cooper said he needed to escape the threat of violence from a group of males after the first state of origin match and decided to drive. He was given a fine of $700, a good behavior bond for 18 months, his licence was disqualified for six months and a mandatory interlock period of 24 months was imposed.

COX, Dalton Henry, a 20 year old from Scone appeared on three charges of dishonestly obtain property by deception, one count of drive vehicle, illicit drug present in blood, behave in offensive manner in/near public place/school, aggravated deposit litter and break bottle/glass/syringe in public place. All matters were adjourned until August 24 and Mr Cox is to complete the traffic offenders program. A bail variation was made in relation to the exclusion zone from Scone Outdoors, Woolworths, Cross Country Café and Auto Pro. The 50 metre exclusion zone was removed but Mr Cox is not allowed to enter those premises.

DUNCAN, Shannine Terri, from Scone appeared to appeal the decision of the Roads and Maritime Services. The appeal was allowed.

FOGARTY, Diana Gai, a 71 year old from Scone had a charge of exceed speed 30 kilometres an hour. Ms Fogarty explained she had done a delivery run to Muswelbrook for more than 20 years and didn’t notice a change in the speed signs and believed she was still in the 100 kilometre zone. Magistrate Prowse noted Ms Fogarty’s good driving record and said the matter seemed to be one of genuine confusion. Ms Fogarty was given a 12 month good behavior bond, with no conviction recorded.

FRASER, Alison Clare, a 35 year old from Keysborough, Victoria pled guilty to a charge of use unregisterable registerable motor vehicle on road. Ms Fraser said a police officer, who had pulled her over had advised her she had three months to register the vehicle, but the information she was given was incorrect. No conviction was recorded or penalty given. Ms Fraser was given a good behavior bond for 12 months.

GALLAGHER, Dane Michael, 31 from Scone pled guilty to an offence of drive with low range prescribed concentration of alcohol. The offence occurred in Scone on the New England Highway on June 8 at approximately 2:39pm when Mr Gallagher returned a reading of 0.06. Mr Gallagher was given a four month suspension and a fine of $500 was imposed.

GEE, Wade Allan, a 35 year old from Rutherford pled guilty to novice driver drive with novice range prescribed concentration of alcohol and not comply licence condition not display P plates. The offences occurred on April 28 at approximately 1:20am in Sydney Street, Scone when her returned a reading of 0.018. When Mr Gee was stopped by police he said, “I’ll be over for sure. I’ve been drinking all night”. Mr Gee admitted to consuming eight or ten cans of Jack Daniels and cola. His first drink was at 7:30pm and last at 11:30pm. Mr Gee had driven 400 metres before being pulled over by police and only had another 200 metres to travel. When police asked why he didn’t walk, Mr Gee said, “they didn’t want to leave the car down the street.”  Magistrate Soars said Mr Gee needed to treat his licence like gold because it was a privilege not a right. Mr Gee was given a good behavior bond for 18 months.

GIBB, Emma Louise, a 28 year old from Scone appeared unrepresented and pled guilty to charges of fail to notify of change of address and drive with middle range prescribed concentration of alcohol. On June 27 at approximately 9:05pm Ms Gibb was breath tested on Liverpool Road, Scone and returned a reading of 0.131. Ms Gibb was also found not to have changed her address from Gundy to Scone within 14 days of moving. Ms Gibb will complete the traffic offenders program and the matter was adjourned to August 23.

GREENTREE, Adam, a 27 year old from Merewether had charges of hunt, shoot, injure, capture, etc or possess animal in park and carry, discharge or possess airgun, speargun etc. The alleged offence occurred between 9am on March 1 and 9am on April 10 at Middlebrook in the Towarri National Park. The matter was adjourned until September 21.

GREGG, Kerri-Anne, a 48 year old from Scone pled guilty to a charge of drive with low range prescribed concentration of alcohol. The offence occurred on May 3 at approximately 9:58pm on Satur Road, Scone when Mr Gregg returned a reading of 0.05. Mr Gregg will complete the traffic offenders program and was adjourned until September 20.

HALL, Kelvin William, a 67 year old from Katherine in the Northern Territory pled guilty to driver not record information as prescribed by national regulations and not stop at traffic lights – yellow light. Mr Hall was given a 12 month good behaviour bond for not recording information as prescribed and fined $439 for not stopping at the lights.

HAYDON, Peter Bernard, a 63 year old from Blandford pled not guilty to a charge of holder of licence not have approved storage. The alleged offence occurred on December 28 at approximately 10:40am in Murrurundi, where police accuse Mr Haydon of not carrying firearms in the required way and that the firearms were clearly visible from outside a vehicle. The matter was adjourned until September 21.

HEYCOX, Patrick William, a 45 year old from Cassilis pled guilty to a charge of drive with low range prescribed concentration of alcohol – second offence. The offence occurred on December 20 at approximately 1:51pm at Budgee Budgee when Mr Heycox returned a reading of 0.055. Mr Heycox was given a one month disqualification from driving, a $400 fine and an interlock period of 12 months.

HOULDSWORTH, Andrew Jay, a 30 year old from Oxley Vale pled guilty to a charge of drive, licence suspended under section 66 of the fines act. Mr Houldsworth’s licence was suspended due to not voting. He was given a good behavior bond of 18 months.

HOULTON, Jesse Gary John, a 25 year old from Wollar appeared in custody on charges of assault occasioning actual bodily harm, stalk/intimidate intend fear physical harm, destroy or damage property and common assault. On October 3 at approximately 6:30pm Mr Houlton and his partner Kristy Bycroft went to the home of Dale Daniel and Debbie Radmore in Merriwa to pick up a car they had purchased from Mr Daniel. Mr Daniel gave evidence that Mr Houlton approached him from behind and punched him in the nose. Mr Daniel said he got into his car and locked it. He then alleged Mr Daniel began banging on his car with a car battery. In his testimony he said his partner Ms Radmore came outside and Mr Houlton yelled at her to “get inside or I’ll punch you in the f#$@ing head”. Mr Daniel said Mr Houlton said to “get out of the car fat boy”, to which he responded “piss off”. Mr Daniel said Mr Houlton and Ms Bycroft then left and Ms Radmore called the police. Ms Radmore gave testimony that she did not see Mr Houlton punch her partner Mr Daniel and had come outside after hearing raised voices. She also said Mr Houlton threatened her and told her to go inside and she then called the police.

Mr Houlton and Ms Bycroft recounted a very different version of events. Mr Houlton said they had arranged to go to Mr Daniel’s house that afternoon to pick up a car. They claimed they had given Mr Daniels $1,500 for an Isuzu truck in August 2017, however Mr Daniel’s sold the truck to someone else. Ms Bycroft said Mr Daniel’s agreed to give them a Pajero he had in his yard. Ms Bycroft said they had previously been to see the car and it did not have a battery, so when they arrived Ms Bycroft took the battery out of their own car, while Mr Houlton prepared the battery terminals on the Pajero. Ms Bycroft further explained that the Pajero could operate without a battery for a short distance, without the use of lights and indicators, enough to get the car to a friends house. Mr Houlton and Ms Bycroft said Mr Daniel got out of his car and grabbed Jesse as he was walking past. Ms Bycroft said “he just snapped”. “He said come in at first and as we were organising to get the car, he just changed and went weird and didn’t want to give us the car.” Ms Bycroft said she tried to pull Mr Daniel off Mr Houlton and she accidently hit Mr Daniel’s car with the car battery. Mr Houlton got back in his car as Ms Bycroft began putting the battery back in their car. They claimed Mr Daniel got in his own car and reversed into their car as Ms Bycroft was trying to get the battery in. Mr Houlton and Ms Bycroft said they never saw Ms Radmore during the incident and after they left the property went to the local police station to report the incident.

The defence solicitor, Mark Diggins, questioned why Mr Daniel had an injury to his hand documented in evidence and asked how he sustained the injury if he never grabbed and struggled with Mr Houlton. Mr Daniel could not account for how the injury to his hand may have occurred. Mr Diggins also said to Mr Daniel that when he was in his car, Mr Houlton did not tell him to get out of the car. “I put it to you, he did not call you fat boy” and did not tell you to get out of the car. Mr Daniel said “he did call me fat boy and I told him to piss off”.

The Magistrate said the two versions of events were very conflicting and asked Mr Daniel if he had had previous business with Mr Houlton and Ms Bycroft when the relationship had become strained. Mr Daniel said the incident had come out of the blue. When questioned about the arrangements with the vehicles, Mr Daniel said Ms Bycroft had asked for another 4WD and “I refused to do it.” The Magistrate sought clarification if he had “refused” or didn’t have one. Mr Daniel said he didn’t have one.

The Magistrate on reviewing the case said she found Mr Daniel and Ms Radmore to be reliable witnesses and said the version put forward by Mr Houlton and Ms Bycroft did not have inherent logic to it. Mr Houlton was found guilty of the charges and said there were aggravating features including that Mr Houlton was on parole. Magistrate Soars said she had no option other than full time imprisonment of 12 months, with a non-parole period of seven months. Magistrate Soars said Mr Houlton is a young man of 25 years of age and does appear to have good prospects of rehabilitation when he is released and hoped that his offending would be brought under control.

IONGI, Sione Ofa-He-Mooni, a 23 year old from Scone had a charge of assault occasioning actual bodily harm. The alleged offence occurred on February 4 at approximately 12:45am in Scone. The matter was adjourned until August 23.

JARRATT, Timothy Ross, a 45 year old from St Ives failed to appear on charges including drive with high range prescribed concentration of alcohol, drive motor vehicle during disqualification period and possess prohibited drug. The alleged offence occurred at approximately 12:20am on June 8 on Main Street, Scone, when Mr Jarratt returned a reading of 0.173. Police also alleged to have found Mr Jarratt in possession of 19.52 grams of cannabis. A warrant was issued.

JENSEN, Peter William Andrew, a 30 year old from Toukley pled guilty to a charge of drive with low range prescribed concentration of alcohol. The offence occurred on June 25 at approximately 1:15pm on the Golden Highway in Gungal, when Mr Jensen returned a reading of 0.064. The matter was adjourned to Wyong court.

KEEGAN-CRANE, Leighton Toby, a 19 year old from Muswellbrook had a charge of provisional driver exceed speed by 45 kilometres. The offence occurred on January 16 at approximately 11:15pm when Mr Keegan-Crane was speeding on Nandowra Road, Moobi. The matter came before the court to address a dispute in sentencing, whereby the six months driving disqualification was not backdated to the time of the offence. The offence was then backdated by Magistrate Soars.

KERR, Karmen Jade, a 28 year old from Aberdeen had a charge of drive motor vehicle while licence suspended. The matter was adjourned until September 20.

KRYLOFF, Casey June, a 29 year old from Bonnells Bay had a charge of possess prohibited drug. The alleged offence occurred on June 1 at approximately 1:05 am when Ms Kryloff was found in possession of 0.3 grams of benzoylmethylecgonine, commonly known as cocaine. The matter was adjourned until August 23.

KUBOWICZ, Michael, a 64 year old from Cassilis police were given a tip off that Mr Kubowicz was growing cannabis in his vegetable garden. On April 30, Mr Kubowicz escorted police to the vegetable garden and said, “I’m happy to show you were you want to go. Look anywhere you want.” There was a cannabis plant found in the garden, which Mr Kubowicz pointed out to them and said, “That’s it, I have one plant, I should have pulled it out. I’m moving today.” Police described the plant as being well established and observed that it seemed to have been recently cut, reducing the height to 35 – 45 centimetres from the ground. Mr Kubowicz was given a 15 month good behavior bond.

LIMPIADA, Ronald, a 36 year old from Scone had a charge of common assault. The incident occurred on June 30 at approximately 10:30am in Muswellbrook. Mr Limpiada was given a two year good behavior bond.

MANNING, Clinton John, a 38 year old from Scone had charges of licence expired more than 2 years, not keep left of median strip-motor vehicle, drive recklessly/furiously or speed/manner dangerous, overtake vehicle when unsafe and operate vehicle/vessel so as to harass/intimidate person. The alleged offences occurred on May 18 at approximately 8pm on Kelly Street, Scone. The matter was adjourned until August 23.

MCKINNON, Serena Valerie, a 43 year old from Merriwa pled guilty to a charge of drive while licence cancelled. The offence occurred on April 17 on Merriwa Road, Warrah. The matter was adjourned to Tamworth on August 7.

MCNAMARA, Leanne Joan, a 47 year old from Muswellbrook pled guilty to a charge of destroy or damage property. The offence occurred on June 21 at approximately 2:20pm at Murrurundi. Ms McNamara damaged glass in a wall unit and picture frames at a private property. The matter was adjourned until August 23.

NORTON, Brendan, a 19 year old from Scone pled guilty to possess housebreaking implements and not guilty to behave in offensive manner in/near public place/school and intimidate police officer in execution of duty without actual bodily harm and guilty to a charge of larceny. Mr Norton pled not guilty to behave in offensive manner and intimidate police officer and the matters were adjourned until September 21 for hearing. Mr Norton pled guilty to the charge of possess housebreaking implements, the offence occurred on March 24 in Kelly Street, Scone at approximately 1:45am. Mr Norton was in the company of Joshua Orr at the time who was also charged with possess housebreaking implements. Mr Orr appeared in court before Mr Norton and Magistrate Soars explained she had to consider “parity with the co-accused”. Magistrate Soars further considered there were no other matters on Mr Norton’s record and no convictions, however described the charges as serious charges which carry a goal sentence. Magistrate Soars said Mr Norton was a young man who was at a pivotal point in his life where he could go down a path of building a good life and contributing to the community or he would commit further crimes and end up going in and out of goal. Magistrate Soars encouraged him to make the right choice in his life. Mr Norton was given an 18 month good behavior bond, which if breached would result in resentencing and possibly goal. On the charge of larceny, Mr Norton pled guilty, the incident involved Mr Norton taking a packet of cigarettes from another person. Magistrate Soars described the larceny as “opportunistic and does not appear to be planned and is at the lower end of larceny”, Mr Norton was convicted and fined $150.

ORR, Joshua, a 19 year old from Scone pled guilty to possess housebreaking implements. At approximately 1:45am on March 24 Mr Orr was found in possession of a flat head screwdriver, a multi-purpose leather-man containing a knife blade and pliers implement, a small working battery operated torch, a small white carry bad and a pair of socks. Mr Orr was in the company of Brendan Norton who police observed had a black bandanna tied around his head and a green handled tool sticking out from his front pocket of his hoodie jumper. Mr Orr claimed to police he had tools “to fix a mates bike, I’m not telling you who he is or where he lives.” Mr Orr then refused to answer any further questions from police. Magistrate Soars said the maximum penalty could be two years in goal, but since Mr Orr was so young and had a clean record rehabilitation at this stage could be preferable. Magistrate Soars told Mr Orr having a criminal record would affect the rest of his life. “it would be difficult to get a job in the mines or in a number of professions, you are now an adult and these matters are taken seriously.” Magistrate Soars said, “he is a young man who has the rest of his life. He has family support and looks to have a lot of potential. I think it is unlikely this court would ever see this young man again. You can go down the road of not offending and realise your potential, or you can breach the bond and get caught up very quickly in how things can escalate and they are serious offences.” The prosecution said he didn’t think a bond would adequately protect the community, however Magistrate Soars said “I do like to give young people one more chance, because the evidence shows it can have a cascading effect in how you deal with these matters.” Mr Orr was given a 10 month good behavior bond with no conviction recorded. Magistrate Soars said, “if there is further offending this can carry a goal sentence, so get out there and make the best of your potential.”

PARKINSON, Amy Lynette, an 18 year old from Scone pled guilty to a charge of use unregistered registerable vehicle on road and use uninsured motor vehicle. Mr Parkinson was driving someone else’s car at the time of the offence and was unaware the vehicle was unregistered. Ms Parkinson was given a good behavior bond of 12 months.

PETTIT, Stephen John, a 56 year old from Port Kennedy, Western Australia had a charge of solo driver work more than standard maximum time – critical risk. The prosecution withdrew the charge and the matter was dismissed.

POLITIS, Nicholas, a 19 year old from Scone had a charge of assault occasioning actual bodily harm, which occurred on December 20 in Merrylands West. The matter was adjourned to Tamworth on July 24.

PRINGLE, Damon Grahame, a 45 year old from Scone had three charges of possess prohibited drug and two charges of good suspected stolen in/on premises. The matter was adjourned until August 23.

QUINTON, Malanie Jane, a 49 year old from Muswellbrook had a charge of drive motor vehicle while licence suspended. The alleged offence occurred on May 26 at approximately 8:50am on the New England Highway in Aberdeen. The matter was adjourned until August 23.

RANDELL, Nathan, a 24 year old from Murrurundi pled guilty to a charge of never licensed person drive vehicle on road. Mr Randell was found to be driving without a licence on June 19 at approximately 11:10 in Murrurundi. The matter was adjourned until September 20, in which time Mr Randell could obtain a licence.

TEIXERIA, Joshua, a 29 year old from Marmong Point had a charge of drive motor vehicle while licence suspended. The matter was adjourned until September 20.

THORNE, Michael Clay, a 25 year old from Gungal had three charges of drive motor vehicle while licence suspended. Mr Thorne had not complied with the community service order, because there was not enough community service work in the local area and he was unable to drive to other areas where there was community service work. It was also drawn to the court’s attention that the calculation for the number of hours for community service work did not add up. Magistrate Soars revoked the community service orders for the first two offences which Mr Thorne had already completed service for and resentenced on the third matter. Mr Thorne was given a section 9 bond for two years and cautioned that if he reoffended the matters can be called up and resentenced.

WARBURTON, Sean John, a 53 year old from Leeton entered a written plea of guilty to a charge of drive motor vehicle while licence suspended. The offence occurred on June 3 at approximately 1:35pm in Merriwa. The matter was adjourned to Leeton local court on August 17 for sentence.

WARDMAN, Jai Phillip Charles, a 27 year old from Merriwa had a charge of licence expired less than two years before. Mr Wardman was found to be unlicenced when he was driving on Bettington Street, Merriwa on March 29 at approximately 10:30am. Mr Wardman was convicted and fined $500.

WELLS, Tristan James, a 30 year old from Scone pled guilty to a charge of drive with middle range prescribed concentration of alcohol. The offence occurred on May 12 at approximately 9:12pm on Oxford Road, Scone when Mr Wells returned a reading of 0.103. The matter was adjourned until September 20.

Read other court reports:

• Previous Scone Court Reports.