Scone Court Report: November 2017

THIS month when Magistrate Prowse was dealing with drink driving matters he took a pragmatic rural approach explaining to a local farmer that he should keep tabs on what he is drinking, as he would keep tabs on how much drench he was giving his cattle and suggested he treated himself as well as he treated his livestock.

Court matters this month included:

ABBOTT, Susan Elizabeth, a 57 year old from Scone had a charge of rider not wear approved bicycle helmet/fitted/fastened on August 25 in Scone. The matter was put over to February 23 for hearing.

BATES, Jason Wayne, a 38 year old from Merriwa had charges of not give right change of direction signal with lights, negligent driving (no death of grievous bodily harm), refuse to produce Australian drivers licence/state name/address and drive vehicle under influence of alcohol on Bettington Street, Merriwa on September 16. Mr Bates pleaded not guilty to negligent driving and drive under the influence of alcohol and the matter was set for hearing on January 19, 2018.

BLUNDELL, Amber, a 42 year old from Scone appeared on charges of drive with middle range prescribed concentration of alcohol and use unregistered registerable class A motor vehicle on road. Ms Blundell pleaded guilty and after urging the purchase of an alcolizer Magistrate Prowse highlighted the importance of using the device as a guide only as it is not a failsafe device, to test twice half an hour apart if you are closer to your prescribed limit to see if your alcohol level is rising or falling, to take not of the factored error in the reading and to have the machine calibrated. Ms Blundell was sentenced under section 10A and entered into a two year bond to be of good behaviour.

BIRCH, David John, a 62 year old from Aberdeen had a charge of drive with low range prescribed concentration of alcohol on the New England Highway in Scone on September 23 with a reading of 0.072. The matter was dealt with under section 10 with a good behaviour bond term of nine months issued.

BOYLE, Logan Alexander, an 18 year old from Muswellbrook had a charge of P1 driver exceed >10km/hr on the New England Highway at Aberdeen. The matter was put over to Muswellbrook to be heard with similar matters on December 18.

BROOMFIELD, Graeme Arawa, a 31 year old from Scone was appealing a decision by the Roads and Maritime Services, Magistrate Prowse commented that Mr Broomfield could have paid for two houses and the Sydney Harbour Bridge with the amount he has given the government in fines. The appeal was allowed.

BROWN, Mitchell John, a 23 year old from Murrurundi had a charge of knowingly drive vehicle in manner menaces other at Willow Tree on December 22 last year.  Mr Brown plead guilty and the matter was adjourned to December 21 for sentencing.

COPELAND, Scott Phillip, a 39 year old from Cessnock had a charge of possess prohibited drug, being 5 grams of Cannabis Cassilis on September 29. A written guilty plea was entered and a fine of $250 was imposed.

COX, Dalton, a 29 year old from Scone had charges of driver never licenced and use unregistered class A motor vehicle on road, He was given a section 10 bond to be of good behaviour for 12 months for unlicenced driver and convicted with no further penalty imposed on the use unregistered vehicle.

CUTMOORE, Christopher Bruce, a 48 year old from Tamworth appeared in custody for a committal hearing on charges of damage property by fire, break and enter house, steal property in dwelling-house in West Tamworth on September 8 last year. He also had a charge of fail to appear in accordance with bail acknowledgement.  The evidence provided was not considered to be enough that a jury would likely find a verdict of guilty and the charges were discharged. The fail to appear charge was also dealt with and Mr Cutmoore was found guilty and sentenced to the time he had already served in custody from October 29. Mr Cutmoore was released from custody.

DAVIS, Khenan Pererika, a 19 year old from Scone presented on charges two charges drive licence suspended under s66 finds act on September 8 and September 27 in Scone, enter enclosed land not prescribed premises without lawful excuse on September 8, drive low range prescribed concentration of alcohol on September 8 with a reading of 0.068, destroy or damage property on September 30 in Scone and assault occasioning actual bodily harm on September 30. Mr Davis pled guilty to the offences committed on September 8, guilty to the destroy property on September 30 but not guilty to assault occasioning actual bodily harm and not guilty to drive while suspended to the offence allegedly committed on September 27. A hearing date was set for January 19 with the other matters mentioned for sentence.

DRURY, Craig Andrew, a 39 year old from Merriwa had a charge of novice driver drive with novice range prescribed concentration of alcohol on December 23 last year with a reading of 0.016. An appeal a decision for licence suspension ineligibility was also mentioned. Mr Drury failed to appear, the licence appeal was dismissed and a further mention was set for December 21, a warrant will be issued for arrest if Mr Drury does not attend on the next occasion.

FERFOGLIA, Nicolas, a 25 year old from Scone had a charge of be carried in conveyance taken without consent of owner in Scone on June 15. The matter was sent to Cessnock on November 29 to be heard with other matters and time for him to seek legal advice. A plea must be entered on the next appearance.

FISHBURN, Thomas Edward, a 33 year old from Aberdeen had two charges of possess prohibited drug, use offensive language in/near public place/school, assault police officer in execution of duty and rider not wear approved bicycle helmet/fitted/fastened.  Mr Fishburn pled guilty to rider not wear approved bicycle helmet and not guilty to the other charges. A hearing date has been set for January 18.

GIELISSE, John Anthony, a 47 year old from Long Jetty had a charge of drive with middle range prescribed concentration of alcohol on Hunter Rd, Belltrees on April 4 with a reading of 0.099. The matter was put over until January 16 in Gosford for blood test results to be finalised.

GODBOLD, Tracey, a 32 year old from Merriwa had charges of drive with high range prescribed concentration of alcohol and never licenced person drive vehicle on road in Merriwa on September 30 with a reading of 0.163. Ms Godbold was sentenced to a deferred 9 month term of imprisonment with the matter to return on December 21 for a home detention assessment to occur.

GREEN, John Edward, a 45 year old from Merriwa had a charge of dishonestly obtain financial advantage etc by deception for which an extension of a community service order was sought. The document was finalised at 200hrs.

HALL, Craig Alan, a 51 year old form Gateshead had a charge of drive low range prescribed concentration of alcohol in Merriwa on October 26 with a reading of 0.061. Mr Hall is to complete the Traffic Offenders program and appear at Belmont Court on January 17.

HARRIS, Dallas Gary, a 39 year old from Muswellbrook had a charge of drive while licence cancelled – second offence in Scone on June 3. The matter was adjourned until December 21 to get further reports.

HENLEY, Alexander Stuart, a 19 year old from Murrurundi had charges of cultivate prohibited plant – small quantity and drive motor vehicle during disqualification period – second offence. The matter was adjourned to December 21.

HOBSON, Phillip, a 29 year old from Shoal Bay had charges of stalk/intimidate intend fear physical harm, contravene AVO, destroy or damage property and two counts of common assault from incidents on September 25 and 26 in Scone. The common assault charges were merged, the stalk intimidate charge was withdrawn, the destroy/damage charge was withdrawn. A plea of not guilty was entered into for the common assault and contravene AVO charges. The matter was forwarded to Raymond Terrace court for mention on February 2.

JORDAN, Heather, a 58 year old from Wybong had a charge of drive vehicle with illicit drug present in blood.  A plea of guilty was entered into and the matter was forwarded to Maitland local court for sentencing on November 29.

KEOGH, Nathan James, a 30 year old from Mayfield West had a charge of drive motor vehicle during disqualification period on the Golden Highway, Merriwa on October 28. A plea of guilty was entered and the matter was forwarded to Newcastle for sentencing on December 14.

MANN, Jake Beau, a 25 year old from Muswellbrook had a charge of novice driver drive with novice range prescribed concentration of alcohol in Aberdeen on October 3 returning a reading of 0.012. The matter has been listed on December 21 to allow for legal assistance to be sought, a plea must be entered on that date.

MATTHEWS, Jacob Geoffrey, a 25 year old from Tamworth had a charge of never licenced person drive vehicle on road at Parkville on September 18. A plea of guilty was entered and a fine of $300 was imposed.

MAYO, Darrin Victor, a 45 year old from Rutherford had charges of common assault and two counts of stalk/intimidate intend fear physical harm from an incident in Murrurundi on October 19. A plea of not guilty was entered to all charges and the matters have been listed for hearing on January 19.

MCLOUGHLIN, Aaron James, a 24 year old from Muswellbrook had a charge of special category driver drive special range prescribed concentration of alcohol from December 8 last year. He has been 12 months without further offences and was discharged under section 10 to be of good behaviour for 4 months.

MULLENS, Kyle Phillip, a 23 year old from Willow Tree had charges of possess ammunition without holding licence/permit/authority and possess prohibited drug from October 14. Mr Mullens pled guilty to both charges and was fined $300 for possession of ammunition and $250 for possession of prohibited drug.

PALMER, Joseph William, a 44 year old from Rouchel had a charge of drive with high range prescribed concentration of alcohol from an incident in Aberdeen on November 19 last year. Mr Palmer was sentenced with a 10 month intensive correction order.

POWER, Zoe of Scone had an application made for noise abatement and prevent recurrence. The matter was adjourned to May 24 as there has been no further incidents since legal action commenced.

PRINGLE, Damon, a 44 year old from Scone had three charges of possess prohibited drug, one charge of goods suspected stolen in/on premises, goods suspected stolen given other not entitled and furnish false information/statement to licence.  Mr Pringle was sentenced to 100 hours of community service in total.

REED, Brandon Harley Leigh, a 23 year old from Tamworth was in custody on other matters and appeared on charges of drive motor vehicle during disqualification period and police pursuit – not stop – drive recklessly. The charge of police pursuit was withdrawn and he plead guilty to drive during disqualification period. He was sentenced to 7 months gaol with a non parole period of 6 months from October 30, his licence was disqualified for 12 months.

RICHARD, John Robert, 79 year old from Coolah has charges of possess unregistered firearm – not prohibited firearm/pistol and not keep firearm safely-not prohibited firearm/pistol. The firearms belonged to his late father and were stored in an old wooden cupboard. Magistrate Prowse expressed the importance of keeping firearms safely stored and registered as many firearms used in criminality are stolen from rural properties. Mr Richard was convicted under section 10A and the firearms were forfeited for destruction.

RICHARDS, John, 34 year old of Merriwa appealed a decision by the Roads and Maritime Services. The matter was adjourned to April 19 with Mr Richards to undertake the traffic offenders programme before that date.

SINGLETON, Mark Andrew, a 41 year old from Scone appeared for hearing of two charges of assault occasioning actual bodily harm, two counts of common assault, one count of destroy or damage property and act with intent to influence witness. The prosecutor at the outset of the hearing noted that one of the witnesses was a juvenile and that closed circuit television equipment would be needed for evidence to be heard, Scone does not have those facilities. Muswellbrook is the closest court with those facilities and the matter was adjourned to Muswellbrook court on November 27 for a hearing date to be set.

SULLIVAN, Kevin James, a 44 year old from Gerringong had a charge of disobey keep left unless overtaking sign-motor vehicle. A not guilty plea was entered and a hearing date set for January 19.

SUMPTER, Leone, a 23 year old from Merriwa appealed a demerit points decision by the Roads and Maritime Services. The appeal was allowed.

TALBOTT, Scott John, a 37 year old from Gunnedah appeared in custody with charges of enter building/land with intent to commit indictable offence, larceny and enter enclosed land not prescribed premises without lawful excuse. The charges of enter land and enter building were withdrawn. He was convicted of the larceny charge which will be heard for sentencing on January 11.

WADWELL, Allan James, a 42 year old from South Windsor had a charge of drive motor vehicle during disqualification period – second offence. A plea of guilty by message was entered and the matter was referred to Windsor court for sentencing on December 14.

WATERS, Nathan, a 24 year old from Muswellbrook had a charge of dishonestly obtain financial advantage etc by deception. The matter was proven and dismissed under section 10.

WHITEHEAD, Lachlan Andrew, a 22 year old from Scone had a charge of larceny. He was convicted and fined $150.

WOODWARD, Andrew Kenneth, a 21 year old from Murrurundi had a charge of drive with high range prescribed concentration of alcohol with a reading of .150 in South Tamworth on August 20. Mr Woodward was sented to 75 hours of community service, an interlock period of 24 months and a suspension of licence for 8 months.

YORK, Lainie Marj, from Murrurundi appealed a decision of the Roads and Maritime Services. The appeal was allowed.