Scone Court Report: October 2016

MAGISTRATE Prowse said he was inspired by Charles Dickens, an author renown for his writing on poor social conditions of the Victorian era, comically repulsive characters and a was champion of children’s rights.

Modern day Scone court house is probably not that far removed from the writing of Dickens with two characters standing out this month.

One prompted Magistrate Prowse to sternly warn, “don’t use the word ‘mate’ with me again otherwise I’ll revoke your bail right now!”

The other tested the Magistrate’s patience with his levity in relation to his court matter, to the point where a by-standing solicitor interjected with some quick advice to save him from certain wrath.

BACHEN, David John, a 29 year old from Gulgong pled guilty to a charge of drive with low range prescribed concentration of alcohol. The offence occurred on June 12 at approximately 11:20am during random breath testing on the Golden Highway in Merriwa. Mr Bachen returned a reading of 0.059. The matter was adjourned to Mudgee on November 23.

BERGQUIST, Brodye Jaye, a 19 year old from Murrurundi pled guilty to a charge of drive with middle range prescribed concentration of alcohol. Ms Bergquist returned a reading of 0.117 at approximately 4:40am on June 25 at the Wilson Memorial Oval in Murrurundi. The matter was adjourned until November 24.

BLYTON, Simon Michael, a 24 year old from Cassilis entered a written plea of guilty for possession of equipment for administering prohibited drugs. The equipment was a clear glass smoking pipe used for drugs such as speed and amphetamine, which police found Mr Blyton in his possession at approximately 9:10pm on September 24 in Merriwa. The matter was proven and dismissed, with the equipment to be forfeited.

CARTER, Adam John, a 41 year old from Terrigal had a charge of not comply P2 licence condition not display P plates on Roderick Street, Tamworth on June 27 at approximately 5:40pm. The matter was adjourned to Gosford on November 11.

CHINMOUTH, Afag, a 24 year old from Mayfield presented on a charge of drive motor vehicle while licence suspended. The Magistrate noted there had been no further offences since Mr Chinmouth last presented on the charge in March and he was given a six month good behaviour bond, with no conviction. Before leaving the court Magistrate Prowse called Mr Chinmouth back and asked where his brightly coloured shirt came from. Mr Chinmouth said it was a dasiki shirt which had been sent to him from his father in South Sudan.

FENTON, Bradley John, a 26 year old from Aberdeen, presented on a charge of drive with mid-range prescribed concentration of alcohol. Mr Fenton returned a reading of 0.134 after he was stopped for random breath testing on Susan Street, Scone between 7pm and 11:30pm on July 9. There were four passengers in the car which was an aggravating feature. Mr Fenton was given a good behaviour bond for 14 months.

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 approximately 7:15pm on October 3 on Macqueen Street, Aberdeen. The matter was adjourned until November 24.

GEORGE, Allan Peter a 53 year old from Bunnan pled guilty to a charge of drive with middle range prescribed concentration of alcohol. A reading of 0.119 was given following random breath testing on October 9 at approximately 10:10pm on Liverpool Street, Scone. Mr George had completed the traffic offenders program and told not to drink alcohol. Mr George was given a good behaviour bond for 9 months.

GREEN, John Edward a 44 year old form Merriwa presented on a charge of dishonestly obtain financial advantage by deception. The Magistrate noted Mr Green had paid back $1,100. He was convicted and instructed to perform 200 hours of community service work.

HAMPSON, Coral Jane, a 74 year old from Scone presented on charges including two counts of common assault. The Magistrate noted her otherwise clean record, took into account her age and health factor. Ms Hampson was convicted, but no further penalty was applied.

HARDES, Malcolm Peter, a 37 year old from Scone pled guilty to one charge of exceed speed limit under 10 kilometres an hour and one charge of tail lights not comply with standard. It was noted that the tinted tail lights were put on the car by the previous owner. The Magistrate noted his driving record and strongly suggested Mr Hardes spend some time reacquainting himself with the purpose of the brake and the purpose of an accelerator and how to combine the two so as to observe the speed limit at all times. Mr Hardes was convicted of speeding and fined $200 and not convicted for the tail lights.

HARDY, Adam, a 30 year old from Scone appealed a decision by the Roads and Maritime Services to suspend his driver’s licence. The matter was adjourned to March 23 and until a court has reached its determination Mr Hardy can continue to drive.

HENRY, Beau Steven a 22 year old from Aberdeen pled guilty to charges of possess housebreaking implements and break and enter dwelling with intent. Joplin Higgins represented Mr Henry and noted his pre-sentence report said he is suitable for community services. She described her client as remorseful and living with a very loving and supportive family who are extremely disappointed in him. Ms Higgins confirmed Mr Henry was always at home when police checked on him and had been of good behaviour. Due to it being his first offence Ms Higgins asked the Magistrate to consider a community service order. Magistrate Prowse said his actions were premeditated and “the only reason you didn’t steal is because the coppers got there before you could!” Prowse noted Mr Henry had engaged with his mental health plan and there had been significant improvements. However Magistrate Prowse said, “people need to have confidence that when they leave their house they should not be worried about people breaking in” so the crime deserved punishment. Mr Henry was convicted of both charges, sentenced to 60 hours for possess housebreaking implements and 140 hours for break and enter with intent.

HERBERT, Murray Ernest a 27 year old from Aberdeen presented on a charge of drive with mid-range prescribed concentration of alcohol. Magistrate Prowse commented that the psychologists plan was underwhelming suggesting they be sent a definition of the term ‘plan’. Mr Herbert was convicted and directed not to drive anything until he reappears on February 23, 2017.

HERIVEL, Ian Charles a 47 year old from Murrurundi pled guilty to charges of assault occasioning actual bodily harm and destroy of damage property. The property being the front door of the residence of the person he assaulted. Mr Herivel was ordered to do a total of 80 hours community service.

HICKEY, Philip John a 65 year old from Seaford pled guilty to a charge of solo driver work more than BFM (basic fatigue management) maximum time – severe risk. The matter was adjourned until November 24.

HODGES, Adam John a 55 year old from Merriwa pled guilty to a charge of fail to notify authority of change of address within 14 days. Police pulled Mr Hodges over at 2:45pm on Tuesday, July 12 during random breath testing on the New England Highway, Scone. The offence was proved but there was no conviction.

HOLMAN, Grant William a 45 from Murrurundi pled guilty to a charge of common assault. Mr Holman stuck a person’s wrist who he believed was going to use a phone to film him. The phone was not damaged and the person did not sustain injuries to their wrist. Mr Holman’s solicitor explained he was unsuitable for community service order due to his health. Convicted and given a good behaviour bond for 12 months.

JOHNSON, Adam Kane a 34 year old from Quirindi presented on a charge of drive motor vehicle while licence suspended. Police pulled Mr Johnson over at 11:26am on July 25 on the New England Highway at Wingen. Mr Johnson claimed he did not know his licence was suspended and did not receive notification from the Roads and Maritime Services. Magistrate Prowse said the RMS should send such notices as registered mail, “however the RMS don’t want to implement that because why would they spend $5 when thousands of dollars is then spent defending a case like this, but one shouldn’t go on, so I won’t.” The case was dismissed.

JONES, Nigel a 32 year old from Edgeworth presented on two charges of possess prohibited drug. Magistrate Prowse directed him to see the parole service and do as he is instructed. The matter was adjourned until December 22.

KLEINSCHAFER, Benjamin Lee a 40 year old from Gunnedah entered a written plea of guilty for possess prohibited drug. Police found 1.7 grams of cannabis in Mr Kleinschafer’s possession during random breath testing on in Merriwa. In Mr Kleinschafer’s letter to the court Magistrate Prowse the request “can I please have my tin back?” Magistrate Prowse convicted Mr Kleinschafer of the offence, fined him $100, ordered the drug be destroyed and directed the tin be given back to Mr Kleinschafer.

LENZ, Nicholas Andrew, a 23 year old from Hamlyn Terrace pled guilty to charges of drive with middle range prescribed concentration of alcohol and being unlicensed. Mr Lenz was returned a reading of 0.111 between 11:04pm on September 26 and 2:20am on September 27 at Wingen on the New England Highway. The matter was adjourned until November 10.

LONGBOTTOM, Katrina Anne a 44 year old from Scone pled guilty on a charge of drive with mid-range prescribed concentration of alcohol. Ms Longbottom was submitted to a random breath test at approximately 9:15am on the New England Highway, Aberdeen and returned a mid-range reading of 0.107. Mark Diggins who represented Ms Longbottom said she didn’t realise the alcohol content of the ginger beer “Little Fat Lambs”. The Magistrate said he was surprised that in his own personal extensive research he had not come across the particular drink. He said he was familiar with a ‘speckled hen’ but not any ‘little fat lambs’.  He added that “one would think it would taste of rosemary and fat, but apparently it doesn’t so there you go.”  The Magistrate noted he had completed the traffic offenders program and told Ms Longbottom she needed to know what she is drinking and check the label. Ms Longbottom was charged and given a good behaviour bond for 9 months. Magistrate Prowse added that she should “become a vegetarian and leave those little lambs alone.”

PALMER, Carl Lincoln, a 35 year old from Scone pled guilty to drive with middle range prescribed concentration of alcohol and possess prohibited drug. 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 found to be in possession of 1.2 grams of cannabis. Magistrate Prowse ordered Mr Palmer to get a presentence report, for the drugs to be destroyed and adjourned the matter for sentencing to November 24.

PARKER, Karen Jane a 40 from Broken Hill pled guilty to a charge of special category driver drive with special range prescribed concentration of alcohol. The offence occurred on January 20  in Scone when Ms Parker returned a reading of 0.033 on a special category licence. Ms Parker returned to court with her new licence and Magistrate Prowse encouraged her to keep progressing with her licence and to be of good behaviour for six months.

RAWLINSON, Darryl John, a 41 year old from Scone presented on a charge of licence expired less than two years before. Magisstrate Prowse said it would be a cunning plan if Mr Rawlinson obtained a licence so he could drive legally. The matter was adjourned until November 24 and cautioned that he should be of good behaviour until then otherwise “there will be a cruel and unusual punishment of eating McDonald’s at the police station.”

SAUNDERS, Clinton, a 20 year old from Scone appeared on two charges of common assault. The matter was adjourned to Tamworth on November 1.

SMITH, Timothy John, a 31 year old from Gateshead appeared on a charge of drive with low range prescribed concentration off alcohol. The alleged offence occurred between 2:50pm and 3:15pm on September 25 at the Golden Highway, Merriwa when Mr Smith returned a reading of 0.073. The matter was adjourned until November 24.

SUTTON, Timothy William, a 43 year old from Scone presented on a charge of failed to stop at red arrow on July 18 at 3:20pm on Liverpool St, Scone. Mr Sutton represented himself in the matter whereby he crossed the line on the red arrow at the only set of traffic lights in Scone, when a highway patrol car was behind him. Mr Sutton pled guilty but asked for an opportunity to explain. Mr Sutton attempted to downplay the matter adopting a jovial manner stating that he didn’t see the light and “nobody was coming anyway”. Magistrate Prowse tried to illustrate the seriousness of his actions and the possible consequences of the offence stating that there could have been someone coming or a pedestrian, also reminding Mr Sutton he was also the Coroner, to which Mr Sutton exclaimed “That’s a bit dramatic!” Solicitor George Fraser who was in the court asked for an opportunity to interject and speak with Mr Sutton. Following Mr Fraser’s advice Mr Sutton’s adopted a more sombre demeanour. The Magistrate fined Mr Sutton $200.

THOMAS, Kevin James, a 57 year old from Aberdeen had charges of drive with mid-range prescribed concentration of alcohol and possess prohibited drug. A psychologist plan was ordered and the matter was adjourned until December 22.

WATZDORF, Christina Maree, a 56 year old from Merriwa pled guilty to a charge of never licenced drive vehicle on road. Ms Watzdorf was found to be without a licence when she was pulled over by police on September 24 on Flags Road, Merriwa. Ms Watzdorf was fined $250.

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