scone.com.auScone Court Report: November 2016
THIS month Magistrate Prowse has again expressed his frustration that NSW does not stand for Newcastle, Sydney and Wollongong.
The provision of services to rural areas and the choices available for treatment or punitive options to the court are limited; Magistrate Prowse has invited probation and parole services to attend Scone local court on December 22 to explain the situation.
Education was also on the agenda with a drink driver being sent to the local bottle shop to learn how and where to find information on alcohol content before his matter was finalised.
Magistrate Prowse also had a few file notes made whereby if particular offenders are caught for anything that goes to court they are to be brought before him to be dealt with, as he was concerned they may not have taken advice seriously enough from the bench the first time.
Two people were taken from the court into custody after receiving sentences for driving offences and stalk and intimidate offences.
BEAUCLAIRE, Cody Lee, a 21 year old from Blandford appeared for mention relating to a drink driving offence in Murrurundi in July whilst on a P2 provisional licence. Beauclaire has completed the traffic offenders programme and the matter was set over until March 23 to deal with the demerit points application at the same time.
BELL, Fred Rick a 19 year old from Timor appeared first in May to appeal a drivers licence demerit points suspension. Mr Bell has been driving since the speeding offence in February which triggered the suspension. The matter was dismissed with a stern lecture to remain on his newfound right path.
BERGQUIST, Brodye Jaye, a 19 year old from Murrurundi presented in court for sentencing on a charge of drive with middle range prescribed concentration of alcohol. Ms Bergquist returned a reading of 0.117 on June 25 at the Wilson Memorial Oval in Murrurundi. No conviction is recorded and she entered a bond to be of good behavior for nine months.
BRIDGE, Bradley David, a 31 year old from Scone appeared for sentencing for possess prohibited drug. The charge related to cannabis possession of 21.2 grams and another smaller amount of 0.5 grams. Mr Bridge claimed he used cannabis for pain relief and to assist with sleep. Mr Bridge returned as instructed from his first court appearance in June with a drug test that showed negative to the use of cannabis. Magistrate Prowse noted that “given how long it stays in your system it shows abstinence.” Mr Bridge was given a bond to be of good behavior for six months.
BROWN, Mitchell John, a 22 year old from Murrurundi appeared for hearing of a charge of negligent driving – no death or grievous bodily harm. The police prosecution was not ready to proceed and Magistrate awarded costs to Mr Brown for his loss of wages. The matter was adjourned to February 24 when it must proceed. A charge of not comply with standard: seat belt was withdrawn by police.
CLARK, Debbie Maree, a 50 year old from Murrurundi appeared for herself on a charge of drive with low range prescribed concentration of alcohol in Murrurundi on November 16 where she returned a reading of 0.076. The matter was adjourned until February 23 in order for Ms Clark to complete the Traffic Offenders Programme.
CONSTABLE, Jessica a 27 year old from Scone, entered a plea of guilty to a charge of drive with middle range prescribed concentration of alcohol at Scone on October 9 returning a reading of 0.137. The matter was adjourned until December 22.
COX, Robert Noel, a 51 year old from Waratah has a charge of break and enter intend to commit serious offence between October 20 and 21, 2013 at the Scone Medical Practice. The matter was adjourned to December 22 where he must enter a plea.
CUNNEEN, Sheree Lisa, a 32 year old from Aberdeen was unable to attend on charges of drive, licence suspended under s66 of the fines act and a charge of shoplifting and goods in custody suspected of being stolen to the value of $130 from Scone Target on August 5. The matter was adjourned until December 22.
ELLIS, Bradley Victor a 20 year old from Cassilis was charged with common assault and destroy or damage property less than $2,000 from an incident in Merriwa on October 31. A plea of not guilty was entered for common assault and a plea of guilty is pending a small facts dispute for the property damage. The matters were set down for hearing on January 20.
FERRIS, Sarah a 33 year old from Aberdeen had a charge of drive with middle range concentration of alcohol. Ms Ferris is alleged to have returned a reading of 0.108 at on October 3 on Macqueen Street, Aberdeen. The matter was adjourned until January 19 for Ms Ferris to complete the traffic offenders programme.
FOARD, Bre’anna a 25 year old from West Tamworth represented herself on two charges of possess prohibited drug. She pled guilty to possessing small amounts of cannabis and an ecstasy tablet that the crown did not provide weights for. Ms Foard announced she was utterly ashamed. Magistrate Prowse commented that a lot of people feel that way when they attend court and that the front doors of the court must have remarkable healing powers. A bond was entered into for Ms Foard to be of good behavior for 12 months.
FUZ, Brent William a 42 year old from Willow Tree previously appeared for cultivate prohibited plant. On his last occasion at court Mr Fuz was told to put his skills to better use and cultivate some produce for charity. Mr Fuz presented a selection of vegetables to Magistrate Prowse who stated the capsicum he inspected was of absolute top quality. The produce will be donated to a charity in Murrurundi. Magistrate Prowse suggested that Mr Fuz clearly has talent and should put it to use for productive purposes.
FUZ, Dylan a 17 year old from Willow Tree appeared for riding an unregistered trail bike while being unlicensed in Willow Tree on March 9. Mr Fuz now has his license and was given a 12 month good behavior bond.
GODDARD, Raymond James a 35 year old from Scone was not able to attend for a hearing in relation to property damage and assault at Scone on March 29. The hearing was set for February 24 for mention only.
GOLDSMITH, Alana Aisne a 20 year old from Maitland has a charge of common assault from an incident in Scone on April 28. The matter was adjourned to January 19.
HARDES, Allan Kenneth a 66 year old from Scone appeared to dispute an estimated speeding fine from an incident on Rouchel Road, Aberdeen where it was alleged he was doing 100 kilometres an hour in and 80 kilometre an hour zone. Magistrate Prowse put the matter over to January 19 with an updated traffic record to be produced at that time.
HICKEY, Philip John a 64 year old from Seaford entered a written plea of guilty for a charge of driver work more than maximum time on the New England Highway at Muswellbrook on June 14. He was fined $400.
HODGESS, Steven John a 27 year old from Scone appeared on destroy and damage property from an offence on October 14 where he smashed pot plants and punched a wall. Mr Hodgess has fixed the wall and replaced the pots and his matters were put over with other matters to appear at Maitland on January 10.
HOLZ, Matthew John a 23 year old from Blue Haven had charges of drive vehicle under the influence of alcohol; aid, abet, cause or permit offence and employ unlicensed for class. The matter has been referred to Wyong court for mention on December 12.
JACKSON, Fiona Maree a 37 year old from Merriwa appeared for mention on charges of armed with intent to commit indictable offence and stalk or intimidate intend fear, physical harm etc from an offence in Merriwa on September 18 where Ms Jackson used a knife in these offences. The matter has been put over until February 23.
MCGRATH, Kieran John, a 21 year old from Scone who has been in custody since March 24 presented for sentencing on charges including assault occasioning bodily harm, reckless grievous bodily harm, possess prohibited weapon/firearm/imitation firearm and carry cutting weapon upon apprehension. Mr McGrath was given a total custodial sentence 30 months with a non-parole period of 18 months.
PALMER, Carl Lincoln, a 35 year old from Scone who previously pled guilty to drive with middle range prescribed concentration of alcohol and possess prohibited drug was in court for sentencing. Mr Palmer underwent random breath testing at approximately 12:15am on September 10 at St Aubin’s Street, Scone and returned a reading of 0.142 and was found to be in possession of 1.2 grams of cannabis. A presentence report was ordered and some options available to the court in other major centres are not available to Scone. Magistrate Prowse has ordered that the probation and parole services to attend the next mention to explain why options are not available. The next mention is on December 22
PONSFORD, Jeffrey Edwin a 47 year old from Merriwa appeared on charges of possess unauthorised firearm and possess unregistered firearm. Mr Ponsford was given the air rifle when he was a child, by his father. Mr Ponsford was unaware that it was an offence to possess the weapon. After lengthy questioning by Mr Prowse who was amazed that anyone could not know that it was illegal to possess firearms without the appropriate mechanisms, he was found guilty with no conviction recorded and the weapon was ordered to be destroyed.
POOLE, Tyler James a 20 year old from Murrurundi appeared for a hearing on a matter of drive whilst suspended in Scone on August 8. Mr Poole changed his plea to guilty and stated it may have been a mistake on his behalf but it was not a reasonable excuse. He was found guilty and the charges were dismissed.
POTTER, Stephen James a 48 year old from Murrurundi appeared to dispute a licence disqualification by the Roads and Maritime Services for an offence of exceeding the speed limit between 30kmh and 45kmh. The matter was adjourned to February 23 so he can complete the traffic offenders programme. An updated traffic record was also requested for that date.
RAWLINSON, Darryl John a 40 year old from Scone had previously appeared for driving with licence expired more than two years. Magistrate Prowse proceeded to add up the amount of money he has given the treasury in fines over the past years for simply not renewing his licence. Magistrate Prowse asked Mr Rawlinson if he gets Christmas cards from the treasury and if he has a plaque on the fourth pylon of the Sydney Harbour Bridge for sponsoring the cost of it. Magistrate Prowse noted that since 1995 Mr Rawlinson has handed over an estimated $9,000 in fines. He was found guilty and given a bond for a period of 16 months with a file note stating that if he presents at court anywhere in New South Wales he is to appear before Magistrate Prowse.
REICHEL, Ian Geoffrey a 24 year old from Scone did not appear but was represented on a charge of drive vehicle with illicit substance present in blood from November 2015. Magistrate Prowse noted that it was in his system but he was not under the influence of it. He was disqualified from driving for three months.
RICHARDSON, Thomas Allan a 20 year old from Scone appeared for sentence on a charge of low range prescribed concentration of alcohol, which occurred on October 12 in Scone. Mr Richardson had completed his traffic offenders programme but was also sent to the local bottle shop by Magistrate Prowse when he was unable to say the alcohol content of the beer he was drinking. Mr Richardson returned later in the day with the correct answers. He was given a bond to be of good behavior for six months.
RILEY, Matthew John a 31 year old failed to appear on a charge of drive with middle range prescribed concentration of alcohol at Scone on November 4 at the Willow Tree Hotel carpark where he returned a reading of 0.087. A warrant has been issued for his arrest.
ROBERTSON, Robin a 52 year old from Scone presented to appeal a licence disqualification period set by the Roads and Maritime Services. Magistrate Prowse has rescheduled the matter for June 22 with an updated traffic record to be provided.
ROBINSON, Blake a 25 year old from Aberdeen failed to appear on an unlicensed matter from an offence in June.
ROBINSON, Megan a 28 year old from Scone appeared on a charge of licensed driver high range prescribed concentration of alcohol – sit next to a learner. Ms Robinson pled guilty but Magistrate Prowse ordered a plea of not guilty to fully explore the facts of the case in a hearing with regard to if Ms Robinson was in the front seat by her own volition. Ms Robinson has no memory of being placed in the front seat by her partner after being at a hens night. Ms Robinson was assured she will still get a sentence discount of 25% due to her early plea.
ROWLANDS, Ashley James a 23 year old from Scone appeared on a charge of drive with middle range prescribed concentration of alcohol in Scone on July 2 returning a reading of 0.111. Mr Rowlands was given a bond to be of good behavior for a period of nine months.
RUSSELL, Jason a 33 year old from Scone appeared for a hearing on a matter of common assault and a charge of stalk or intimidate intend fear, physical harm etc. from an incident that occurred between August 31 and September 1. The police prosecutor was not ready to proceed and the matter put over until December 22.
SEICH, Jason Lee a 45 year old from Scone failed to appear on a charge of drive with low range prescribed concentration of alcohol in Scone on August 26 returning a reading of 0.050. A warrant has been issued for his arrest.
SIEVERS, Natalie Clare a 30 year old appeared unrepresented on a charge of destroy or damage property where she allegedly damaged a wall and window at a Scone property on May 21. A not guilty plea was entered and a hearing has been set for February 19.
SIMPSON, Jeanette Maree a 27 year old from Murrurundi did not appear but was represented on a charge of drive with middle range prescribed concentration of alcohol in Murrurundi on October 15 returning a reading of 0.101. The matter has been put over to December 22 so Ms Simpson can complete the traffic offenders programme.
SMITH, Bradley Wayne a 26 year old from Scone appeared on a charge of exceed speed greater than 30 kilometres an hour on the New England Highway at Bendemeer on September 8. It is alleged Mr Smith was doing 134 kilometres an hour in a 100 kilometre an hour zone. The matter was put over until February 23 so Mr Smith can complete the traffic offenders programme.
SMITH, Timothy John, a 21 year old from Gateshead did not appear and has a charge of drive with low range prescribed concentration off alcohol. The alleged offence occurred on September 25 at the Golden Highway, Merriwa when Mr Smith returned a reading of 0.073. The matter was adjourned to Newcastle on December 8.
STEPHENS, Tarnya a 24 year old from Merriwa failed to appear on a charge of break and enter a house and steal at Merriwa on September 8 where it is alleged she stole items of food, clothing and jewellery. A warrant has been issued for her arrest.
TURKINGTON, Mark a 48 year old from Wingen appeared for sentencing in relation to an offence of stalk or intimidate intend fear, physical harm etc. The offence related to a threat of sexual assault and Mr Turkington was sentenced to a custodial sentence of 21 months with a non-parole period of 10 months. Mr Turkington has appealed the severity of the sentence and a bail application for the duration of the appeal was refused. The appeal is to be heard a Newcastle on a date to be fixed.
WALTERS, Denni Lorraine a 22 year old from Hillvue returned on a part heard matter of assault. She was found not guilty and the charges were dismissed.
WATT, Neil William a 58 year old from Gloucester has a charge of reckless grievous bodily harm and assault occasioning actual bodily harm where it is alleged Mr Watt stopped a vehicle and assaulted his passenger at Merriwa on July 6. The matter has been set for hearing on January 20.
WERETA, Jason a 44 year old from Scone appeared on a charge of drive motor vehicle during disqualification period and a charge of exceed speed greater than 10 kilometres an hour. Mr Wereta has numerous other offences of a similar nature and has been described as habitual by the court. Mr Wereta was sentenced to a custodial period of 15 months with a non-parole period of 12 months. The speeding fine was dismissed.