Scone Court Report: May 2017

MAGISTRATE Prowse was faced with some testing moments this court session with non attendance and ill prepared prosecution cases. He noted that it has been a mystery of the local court for years that cars are available every other day of the year except on the list day for court.

A prosecution case was brought before the court with a new charge, but no statement of facts and when written facts were handed up Magistrate Prowse said if it was an academic piece of work it would be sent back with “have another go”. Magistrate Prowse seemed further exacerbated by the prosecutors long winded explanation and overzealous justification of his own opinion, prompting the Magistrate to say, “in my opinion I am reasonably confident that at this point in time it is my opinion that counts.”

During proceedings Magistrate Prowse is often asked for his legal advice, which as Magistrate he is unable to provide explaining, “I don’t give legal advice, when I was a lawyer no one listened to me anyway.”

ABBOTT, Susan Elizabeth a 57 year old from Scone appeared on a charge of rider not wear approved bicycle helmet/fitted/fastened. Ms Abbott pleaded not guilty and the matter was set for hearing on August 24 and will be joined with another matter of a similar nature. See related story: Pushing On With Helmet Reform.

COLL, Sharon Lea (AKA Cole Sharyn Lea) from Aberdeen could not attend court for a charge of Wilful and obscene exposure in/near public place/school on February 2 in Aberdeen,  and two other charges.  A medical certificate was presented by Ms Coll’s lawyer but it did not satisfy Magistrate Prowse who indicated that the certificate was for work and not for court. Ms Coll’s legal representative obtained another certificate stating  she was not fit to attend court but there was no detail as to why. Magistrate Prowse requested further information or for Ms Coll to attend court for the hearing. Ms Coll’s lawyer finally was able to ascertain to the satisfaction of the court that his client would not be able to attend, a plea of guilty was entered for two of the charges and the final matter was listed for hearing on June 23.

COX, Robert Noel, a 51 year old from East Maitland has a charge of break and enter intend to commit serious offence between October 20 and 21, 2013 at the Scone Medical Practice. A plea of guilty was entered and he was fined $750.

DAVIDSON, Lisa Anne, a 35 year old from Scone had a charge of dangerous driving occasioning grievance bodily harm  – drive in a manner dangerous and negligent driving – occasions grievous bodily harm which occurred in Wingen on December 27. The matter was put over to June 22 while a legal aid determination is made

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 previously asked why Mr Drury was still on P-plates and recommended he obtain his full licence before returning to court on May 18. Mr Drury lodged an application against his demerit points suspension and the matter is listed for November 23.

FAP360 Trading Pty Ltd v SMITH, Tracey, the matter was referred to the Community Justice Centre for mediation which was successful and the matter was dismissed.

HARRIS, Jessica Lee a 20 year old from Cassilis appeared on a charge of never licenced person drive vehicle on road, a plea of guilty was entered into and she was fined $450.

HEATH, Jason Phillip a 30 year old from Scone pled not guilty to a charge of destroy or damage property less than or equal to $2,000 and stalk and intimidate intend fear physical harm. It is alleged Mr Heath intentionally or recklessly damaged a fly screen door at approximately 7pm on January 5 at Scone. The matter was set for hearing on June 1.

HILLHOUSE, Cassey-Anne, a 31 year old from Scone has 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. The matter will be heard in Coffs Harbour on June 6.

KEYS, Matthew Laurence presented for hearing on two charges of steal cattle leass than $20000 and two charges of steal as clerk/servant. Thes matters referred to when Mr KEYS was a property manager and had mixed his own property with that of the parent company and allegedly kept money from the proceeds of the sale of company property. These charges were withdrawn and a new charge of proceeds of crime was introduced up to $20000. A civil matter is ongoing for the issue and no compensation was sought. The prosecutor was unable to define the exact amounts of property and their value. Magistrate Prowse noted that the Crown’s case was swiss cheese resembling as a guilty plea was entered reduced the fine from $1500 to $1200.

KIRKLAND, William Allan a 27 year old from Scone appeared on a charge of destroy or damage property where he smashed a mobile phone. Mr Kirkland had already replaced the phone before attending court and was convicted under section 10A with no conviction recorded.

LAKE, Corey David Maurice a 24 year old from Warren had a charge of common assault and fail to appear in accordance with bail acknowledgment. A plea of not guilty was entered and the matter is set for hearing on June 23.

LAWLER, Matthew Raymond a 31 year old from Scone had charges of possess unauthorised pistol, possess unregistered firearm-pistol, not keep firearm safely pistol, holder of category A or B licence not have approved storage and holder of category A or B licence not have approved storage. It is alleged that on December 12 Mr Lawler was in possession of a .22 calibre 9 shot pistol. A guilty plea was entered into and a pre sentence report ordered before sentencing on July 20.

LETBY, Daniel Richard a 27 year old from Surfers Paradise has a charge of drive with middle range PCA on Gundy Road, Scone on December 3 last year returning a reading of 0.089. The matter was referred to Tweed Heads for mention on June 19.

LOWICK, Ricky Walter a 46 year old from Scone has charges of contravene prohibition/restriction order in AVO and stalk/intimidate inted fear, physicalharm etc. A plea of not guilty was entered a hearing has been set for June 2 in Scone.

MCINTYRE, Jon Campbell a 51 year old from Southport, Queensland had a charge of common assault. Mr McIntyre is alleged to have assaulted a man at Merriwa on June 23, 2015. Mr MCINTYRE’s lawyer had trouble establishing with his client over the telephone how many witnesses would be required for a hearing and Magistrate Prowse guided him to a case where a client did not know haow many witnesses they needed, subsequently Magistrate Prowse said to Mr MCINTYRE`s lawyer not to forget to increase his agent fees as a result of the indecision of his client.

MELKSHAM, Kristy a 26 year old from Muswellbrook was in custody after being arrested for breaching bail conditions. The question of granting bail was raised with Magistrate noting that the prosecutor’s request of conditional bail with residence was an interesting one. Magistrate Prowse also noted Ms MELKSHAM’s total disregard for court orders and bail was refused until she appears in Muswellbrook court on May 22 where a plea must be entered and a sentence date fixed for another offence.

MOLLER, Sarah, a 24 year old from Budgewoi presented to appeal the RMS decision to suspend her licence. Magistrate Prowse previously noted her speeding offences were becoming a habit and he hoped he would see here alive after the original adjournment. Ms Moller returned with a clean record and Magistrate Prowse noted that he hoped her new found view to driving lawfully would continue.

NEWMAN, Anthony Robert a 43 year old from Murrurundi appeared for hearing of charges of common assault and stalk/intimidate intend fear, physical harm etc. he was found guilty and will be back in court on June 22 for sentencing.

OKANE, Jaqueline Margaret a 49 year od from Nambucca Heads appeared on a charge of common assault on March 5. A plea of not guilty was entered and a hearing will be held on June 2.

OLDHAM, Danny John a 29 year old from Merriwa has a charge of drive motor vehicle during disqualification in Cassilis on March 3. A plea of not guilty was entered and the matter along with an appeal regarding the licence disqualification will be heard on August 1 in Tamworth.

PENFOLD, Darrin James a 44 year old from Scone appeared on 2 counts of destroy or damage property less than $2000 being a wall clock , an outside wall and bedroom door on April 23. The matter was adjourned to June 22.

SIEVERS, Natalie Clare a 30 year old appeared unrepresented and part heard on a charge of destroy or damage property where she allegedly damaged a wall and window at a Scone property on May 21, 2106. The matter was proven and she was fined $250.

STEPHENS, Tarnya a 25 year old from Merriwa had charges of, one count of stalk/intimidate intend fear physical harm, two counts of common assault and one count of behave in offensive manner in/near public place/school. Ms Stephens failed to appear on the basis that she was in Newcastle and could not get to court because of a licence disqualification. Magistrate Prowse noted that there is a government funded train service that comes to Scone and if she does not attend court on June 23 a warrant will be issued for her arrest.

SUMPTER, Leone a 22 year old from Merriwa could not attend court due to medical reasons to appeal a decision by RMS for a licence suspension. The matter was adjourned to November 23.

SUNDERLAND, Gordon Wayne a 60 year old from Scone appeared on a charge of drive with high range prescribed concentration of alcohol. The offence occurred on January 27 between 10:20pm and 11pm on Gundy Road, Scone, when he returned a reading of 0.161. Mr Sunderland’s charge was discharged and Magistrate Prowse noted that in the best interests of the community Mr Sunderland must adhere to a treatment plan rather than face punitive measures.

TIBBEY, Sean Luke Terry a 28 year old from Muswellbrook had charges of enter enclosed land not prescribed premises without lawful excuse, two counts of licence expired less than two years before, two counts of use unregistered registerable vehicle on road, two counts of use uninsured motor vehicle and one count of possess ammunition without holding licence/permit/authority. Mr Tibbey appeared for sentencing and was convicted with no conviction recorded for enter enclosed lands, fined $200 and $300 for drive with licence expired,  for uninsured motor vehicle he was convicted with no conviction recorded one and fined $200 for the other uninsured offence, he was convicted with no conviction recorded for use unregistered vehicle and fined $200 for the second occurrence, he was fined $300 for the ammunition offence with a destruction order for the ammunition. Magistrate Prowse instructed Mr Tibbey that should he drive without a licence again and come before the court again his application for bail would be remarkably unsuccessful.

WILLIAMS-EDMISTON, Louisa a 20 year old from Merriwa appeared to appeal a decision by the Roads and Maritime Services. She must complete a traffic offenders programme and have no more infringements before the matter is heard again on August 24.

WINTER Peter Grahame a 60 year old from Scone appeared on 2 charges of possess prohibited drug, 1.71grams of ice on March 4 and 8.22grams of ice on March 5 as well as a charge of supply prohibited drug-indictable quantity. The crown is waiting on an analysis of the drugs and the matter was put over until July 20.

YORK, Lainie Marj a 46 year old from Murrurundi appeared to appeal the decision of the RMS for a speeding offence of 101km/h in a roadwork 40Km/h zone on the New England Highway at Wingen. The matter was put over to November 23 with Magistrate Prowse noting that this is a reasonable period to start to act and drive lawfully, if there is another offence you will be walking to court.