Scone Court Report – September 2018

THIS month Magistrate Soars warned that there will come a time in terms of general deterrence that she will be putting someone in goal for repeat drink driving and again expressed her concern at the high rates of repeat drink driving in the local community. 

Matters before the Scone court this month included:

ASTLEY-CLANCEY, Ross Edward, a 27 year old from Murrurundi appeared on a charge of drive, licence suspended under s 66 fines act. There was also a charge of breach bail for a possess prohibited drug. The Magistrate directed Mr Astley-Clancey to complete the traffic offenders program as a condition of a bond. The Magistrate noted Mr Astley-Clancey had the benefit of two section 10 bonds and stressed there “becomes a limit to leniency, so no further offending.” Mr Astley-Clancey was given a 10 month good behavior bond and the matter will be mentioned on October 18 to check compliance.

BATES, Kelly, a 28 year old from Muswellbrook entered a written plea of guilty for a charge of drive vehicle, illicit drug present in blood. The offence occurred at approximately 3:05pm on June 13 when Ms Bates returned a positive test to methylamphetamine on Bhima Drive, Scone. The matter was adjourned to Muswellbrook for sentencing on October 15.

CARTER, Alex David, a 22 year old from Scone appeared for hearing on charges of common assault and stalk/intimidate intend fear physical harm etc. The court experienced technical difficulties when attempting to play a video file and the matter was vacated part heard to November 23 with bail to continue.

CASSAR, Stephen Michael, a 40 year old from Merriwa appeared and pled not guilty to charges of assault police officer in execution of duty without actual bodily harm, intimidate police officer in execution of duty without actual bodily harm, resist or hinder police in the execution of duty and destroy or damage property. The alleged offences occurred at approximately 2:32am on June 1 at Scone and the alleged damage was of a hinge strut on a police vehicle. The hearing was set down for November 23.

CHILES, Jordan Lee, a 24 year old from Penrith pled guilty to a charge of drive motor vehicle while licence suspended – second offence. The offence occurred at approximately 4:50pm on August 26 at Scone when Ms Chiles was driving a Holden commodore sedan on the New England Highway. The Magistrate said Ms Chiles had been “continuing to drive when you are not supposed to” and “within three weeks of having a section 10 bond you were back driving” The sentence was adjourned to Penrith on October 23.

COLLISON, Sidney William, a 59 year old from Scone had a charge of exceed speed by more than 30 kilometres an hour. On April 19, Mr Collison had been travelling in a 100 km zone near Gungal and said he did not notice the road work sign to reduce speed to 60km,he said as soon as he saw the flashing lights on the side of the road he reduced his speed. The Magistrate noted there seemed to be a lot of road works occurring in the Upper Hunter and how plausible it was to enter a lower speed zone without realising. “Not withstanding the high speed offence, on this occasion due to you prior good character, strong need for a licence and extenuating circumstances I am going to give you a section 10 bond for 12 months,” said Magistrate Soars.

COOK, Leisa Maree, a 47 year old from Merriwa pled guilty to a charge of drive with low range prescribed concentration of alcohol. The offence occurred on May 18 at approximately 11:55pm, on Idaville Road, Merriwa, when Ms Cook returned a reading of 0.069. Ms Cook had completed the traffic offenders program and was given a good behavior bond for 18 months.

COTTOM, Matthew Paul, a 45 year old from Merriwa had a charge of damage property by fire/explosive greater than $5,000 and less than $15,000. The alleged offence relates to a panel of a Citroen owned by Keith Richards. The matter was adjourned until November 22.

CUNNINGHAM, Michael, a 48 year old from North Lambton is in custody and was set down to appear to apply for bail on charges of armed without commit indictable offence and assault occasioning actual bodily harm. The matter was adjourned to Tamworth on October 9 with Mr Cunningham to appear via an audio video link, the application for bail was refused.

DALY, Adam, a 26 year old from Aberdeen appeared and pled guilty to a charge of drive with low range concentration of alcohol. The offence occurred at approximately 12:02am on August 18 on Kelly Street Scone when Mr Daly returned a reading of 0.075. In the police facts Mr Daly said he had consumed five schooners of full strength beer from 8pm until 11pm at the Willow Tree Hotel in Scone before driving a motor vehicle. The matter was adjourned until October 18 and in the meantime Mr Aly will complete the traffic offenders program.

DOUGLAS, Jason James, a 45 year old from Tamworth entered a written plea of not guilty to a charge of larceny. The alleged offence relates to $550 worth of awn bowls taken on June 28 in Scone. The matter was adjourned until November 23.

ENGLEBRECHT, Jamie, a 30 year old from Scone appeared in court and pled guilty to a charge of drive vehicle, illicit drug present in blood. The offence occurred at approximately 11:55pm on June 5 in Scone when Mr Englebrecht returned a positive result for methylamphetamineadn delta-9-tetrahydrocannabinol. The matter was adjourned until October 18.

FANG, Leo Shi Ran, a 56 year old from West Pennant Hills entered a written plea of guilty to a charge of drive, licence suspended under section 66 of the fines act. The offence occurred at approximately 11:05am on July 19 on the New England Highway at Willow Tree. The matter was adjourned for sentencing to the Downing Centre on October 8.

FISHBURN, Thomas Edward, a 34 year old from Scone appeared in court and pled guilty to a charge of drive while licence cancelled. Magistrate Soars said that even Parliament has noted that people who have their licences cancelled in regional areas,without public transport, often get stuck in a vicious cycle of not being able to get to their employment and that has to be balanced against the safety of the public. Magistrate Soars further noted that it appeared Mr Fishburn had a lack of knowledge that meant he did not get his licence back. Magistrate Soars said to Mr Fishburn, “If I impose a heavy penalty MR Fishburn may never get out. If you want to drive you can’t take illicit substances or drink. You know the police know you and will pull you over and they’’ll continue to do so until you prove you are doing the right thing. This is an opportunity to prove you can do that.” The matter was adjourned until November 22. “Get your licence and do not have any further offences. If there is no further offending and you taking steps in the right direction I’ll deal with this with a good behavior bond, it is an opportunity for you and it is up to you if you take it.This may be a turning point sir,” said Magistrate Soars.

GILBEY, Janice made an application to the court regarding a fencing dispute with Colin and Mary COOPER. Mr and Mrs Cooper failed to appear and the matter was referred for mediation to the Community Justice Centre and was adjourned until October 18.

GODESCHALK, Jason, a 41 year old from Seaham entered a written plea of guilty to a charge of drive with middle range prescribed concentration of alcohol. The offence occurred at approximately 10:20pm on August 27 when Mr Godeschalk returned a positive reading of 0.099 on Kelly Street, Scone. At Scone police station Mr Godeschalk admitted to police he had consumed four bottles of full-strength beer throughout the afternoon, with his first drink at 1pmand his last at approximately 5pm. The matter was adjourned for sentencing at Raymond Terrace on October 8.

GOLDING, Jessica Leigh, a 21 year old from Rutherford entered a written plea of guilty to a charge of drive with low range prescribed concentration of alcohol. The offence occurred at approximately 11:10am on July 24 a Murrulla. Ms Golding returned a reading of 0.068 when breath tested on the New England Highway. Ms Golding said she had consumed 12 x 375ml stubbies of Somersby Pear Ciders, which she began drinking at 7:30pm on July 23 and finished at 12:30am on July 24. The matter was adjourned for sentencing in Maitland on September 27.

GREGG, Kerri-Anne, a 48 year old from Scone appeared in court and pled guilty to a charge of drive with low range concentration of alcohol. The offence occurred at approximately 9:58pm on May 3 in Scone when Ms Gregg returned a reading of 0.05 on Satur Road, Scone. Ms Gregg admitted to police that she had consumed one 200ml drink of wine at the Willow Tree Hotel in Scone, which she commenced drinking at 9:15pm and finished drinking at 9:55pm and waited ten minutes until driving a vehicle. The matter was adjourned until October 18, to allow Ms Gregg to complete the traffic offenders program.

GRIFFITHS, Robert Philip, a 64 year old from Balgowlah had a charge of drive/tow vehicle with unsecured load. The matter was set for earing on November 22.

HANCKEL, Jack Darryl, a 23 year old from Merriwa pled guilty to a charge of drive with middle range concentration of alcohol. The offence occurred at approximately 10:50pm on September 14 on Vennacher Street, Merriwa when Mr Hanckel returned a positive reading of 0.089. Mr Hanckel admitted to police that he had consumed four schooners of Iron Jack larger and one glass containing two nips of Jameson’s Whisky. He began consuming alcohol at 7pm. Mr Hanckel will complete the traffic offenders program and the matter was adjourned until October 18.

HAYDON, Peter Bernard, a 63 year old from Blandford appeared for hearing on 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. Mr Haydon stated the he had travelled between two of his properties on the day and that the rifles are used in the course of being a primary producer and needed to be close by  for wild dogs, pigs kangaroos and to put down livestock if needed. On the day Mr Haydon had travelled from Blandford to his other property at Scotts Creek east of Murrurundi. Primary producers are exempt from some of the storage rules if they are travelling between properties of which they are the landholder. Mr Haydon diverted through Murrurundi for the purpose of obtaining fuel on the way back to Blandford as there is no fuel available in Blandford anymore. Magistrate Soars heard evidence of the argument that Mr Haydon should have taken the firearms home to their safe storage facility before he returned to Murrurundi to get fuel. The matter was dismissed on the grounds that if he was found guilty, the practicality of obtaining fuel in a rural community for farmers whilst carrying firearms used in their capacity as primary producers, would not serve the interests of the community. The firearms seized as a result of this charge were ordered returned to owner.

JOBSON, Thomas James, a 54 year old from Warwick, Queensland appeared in court and pled guilty to a charge of drive recklessly furiously or speed manner dangerous. The offence occurred on May 29 at approximately 1:07pm on the New England Highway in Wingen. The solicitor for Mr Jobson explained he was a professional driver and needed his licence. He further explained that he drove in that manner to avoid a collision. Mr Jobson was unsure if he had a momentary lapse in concentration or a microsleep just prior to the incident. The Magistrate again noted that it was often difficult to realise you were in a work zone and there was a reduced speed limit in place. Magistrate Soars said it did not appear to be intentional, reckless or careless conduct that led to the offence. Mr Jobson was given a section 9 bond to be of good behavior for 12 months and a 12 month disqualification from driving. “I hope not to see you back here sir,” Magistrate Soars said.

KANAPATHILIPILLAI, Parameshwaran, a 55 year old from Scone had a charge of drive with middle range prescribed concentration of alcohol. The alleged offence occurred at approximately 11:05pm on July 12 in St Aubin’s Street, Scone, when Mr Kanapathilipillai returned a reading of 0.132. Mr Kanapathilipillai’s solicitor George Fraser said his client need a Tamil interpreter for the matter and it was adjourned until October 18.

KERR, Karmen Jade, a 28 year old from Aberdeen entered a written plea of guilty for a charge of drive motor vehicle while licence suspended. The offence occurred at approximately 9:20am on April 10 in Joan Street, Scone. The mater was adjourned until October 18 for sentencing.

MANN, Jake Beau, a 27 year old from Muswellbrook appeared in custody for bail on charges of cause grievous bodily harm to person with intent strictly indictable and kidnap in company with intent serious indictable occasion actual bodily harm strictly indictable. The police prosecution strenuously opposed the bail saying bail could endanger two police witnesses in the case. The Magistrate noted Mr Mann was the head of the Hunter Valley Chapter for the Finks which is an outlawed motorcycle gang and that the charges were very serious. Mr Mann’s solicitor, Mark Diggins said two co-accused had been granted bail and Mr Mann should be treated in the same way. Further he said Mr Mann was not a threat to the witnesses as one witness was in goal and the other was in witness protection. Mr Diggins also questioned why police had not arrested in April when the charges were laid and had only arrested him in September when he went to the police station. Magistrate Soars said they were not yet privy to the details of the police investigation in the case and circumstances may have developed whereby it was needed, but she was not in a position to make a judgement on why it took so much time to arrest Mr Mann. Magistrate Soars said she could only reply on the facts of the case, as set out in the police facts at this stage. “It’s recorded that the giving of statements by members of this club is not permitted and there are serious repercussions and that the whole nature of the serious offences relate to retribution to someone who has gone to the police. I don’t know the resource alleged to be of this club and I remain concerned based on the police facts….I can’t form the view that the prosecution case isn’t strong and there may be an unacceptable risk to witnesses, so my position has not changed and I refuse bail based on those risks.” The matter was adjourned to Newcastle on October 24.

MANNING, Clinton John, a 38 year old from Scone failed to attend court on charges of licence expired two years or more before, not keep left of median strip-motor vehicle, drive recklessly/furiously or speed/manner dangerous – second offence, overtake vehicle when unsafe and operate vehicle/vessel so as to harass/intimidate person. The offences occurred at approximately 8pm on May 18 on Kelly Street, Scone. In the police facts Mr Manning was observed driving a Mitsubishi Magna on the wrong side of the road near the McDonald’s and BP service station in Scone at speed. The vehicle mounted the concrete island and swerved towards another car before entering the north bound lane, before entering Makybe Diva Close, which is a dead-end road. Police followed Mr Manning and spoke to Mr Manning who said he was “going to Gundy to pick up some birds.”  Mr Manning was fined $250 for each charge and for the charge of drive recklessly/furiously or speed/manner dangerous a warrant was issued for his arrest.

MCNAMARA, Leanne Joan, a 47 year old from Murrurundi had a charge of destroy or damage property less than $2,000. Relating to her destruction of a wall unit. Ms McNamara is to comply with a treatment plan identified by the court.

MITA, Rangi Paiaka, a 37 year old from Scone appeared in court and pled guilty on charges of licence expired less than 2 years before and possess prohibited drug. The offences occurred on at approximately 5:55pm on July 17. Police observed Mr Mita leave a ‘known drug house in Scott Street, Scone’ and stopped his vehicle in Birrell Street, Scone. He was found in possession of 10.16 grams of cannabis. Magistrate Soars warned, “you can either be a driver or be a smoker, not both.” Magistrate Soars said he had already had the benefit of a section 10 bond for a low range prescribed concentration of alcohol offence, but had used his initiative and obtained his licence. For the first charge he was convicted and fined $250. For the second charge he was convicted and fined $250. Magistrate Soars said, “let’s not see you back here again.”

NORTON, Brendan, a 19 year old from Scone appeared in custody for a hearing on charges of  behave in offensive manner in/near public place/school and intimidate police officer in execution of duty without actual bodily harm. The charge of behave in offensive manner was amended to a charge of use offensive language in a public place to which a guilty plea was entered. The court heard arguments for the charge of intimidate police but the matter was dismissed. Mr Norton was convicted under section 10A but no penalty was given due to the fact that Mr Norton is in custody on other matters and therefore has no capacity to pay the associated fine.

OVERELL, Michelle, a 52 year old from Joyner, Queensland pled guilty to a charge of drive with middle range prescribed concentration of alcohol. The offence occurred at approximately 11:55am on July 4 at Dundee on the New England Highway, when Ms Overall returned a reading of 0.089. Ms Overall said in the police statement that she had consumed an unknown amount of 375ml stubbies throughout the evening until approximately 2am. Ms Overall is completing the traffic offenders program and the matter was adjourned until October 18.

PRINGLE, Damon Grahame, a 45 year old from Scone appeared in relation to completing his community service order. The matter was adjourned until November 22.

QUINTON, Malanie Jane, a 49 year old from Muswellbrook appeared for hearing on 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 dismissed when there was confusion about the actual reason for suspension by the RMS and whether Ms Quinton had actually received notification that her licence was suspended.

RANDELL, Nathan James, a 24 year old from Murrurundi appeared in court and pled guilty to a charge of never licenced person drive vehicle on road. The offence occurred on June 19 at approximately 11:10am in Murrurundi. Mr Randell was given a section 10 good behavior bond for 12 months.

RIDE, Hannah Joan, a 22 year old from Fletcher had a charge of drive vehicle, illicit drug present in blood. The alleged offence occurred at approximately 3am on June 8 in Liverpool Street, Scone when Ms Ride returned a positive to methylamphetamine. The matter was adjourned until October 18.

ROACH, Christopher, a 30 year old from Warilla pled guilty to a charge of destroy or damage property. The offence occurred between 4pm and 4:40pm on September 13 in Scone, when Mr Roach damaged a side mirror of a vehicle. Mr Roach was fined $250.

ROWE, Jason Noel, a 44 year old from Bunnan appeared in custody for hearing on charges of common assault, damage property by fire/explosive, stalk/intimidate intend fear physical harm and destroy or damage property. He plead guilty to charges of stalk/intimidate intend fear physical harm and destroy or damage property and the other charges were withdrawn. An aggregate sentence of 10 months was imposed with a lenghty parole supervision period to follow to assist with Mr Rowe’s stated desire to not go back into gaol once released

RYDGE, Susan, a 69 year old from Zetland pled guilty to a charge of drive with middle range prescribed concentration of alcohol. The offence occurred at approximately 12:20am on August 20 on Blaxland Road, Merriwa when Ms Ryde returned a reading of 0.105. Police had observed Ms Rydge travel to the incorrect side of the Golden Highway directly into the oncoming path of the fully marked police vehicle. Police performed a u-turn and followed Ms Rydge for approximately 20 kilometres and noted the vehicle vary speed, swerve within the marked lane and on several occasions cross the centre unbroken lines. Ms Rydge admitted to police she had consumed four glasses of white wine between 2pm on August 19 and 12:10am on August 20. Magistrate Soars noted Ms Rydge had no other matters on her record, but also told Ms Rydge that for a mid-range offence driving is significantly impaired and noted she had almost collided with a police car. Ms Rydge was convicted, fined $700 and disqualified from driving for six months.

SAUNDERS, Clinton John, a 22 year old from Scone had two charges of assault occasioning actual bodily harm, one count of armed with intent to committee indictable offence, one count of contravene apprehended violence order and two counts of stalk/intimidate intend fear physical harm. The matter was adjourned until October 18.

SIEVERS, Natalie Clare, a 31 year old from Heatherbrae failed to appear in court on a breach of bond for a charge of destroy or damage property. A warrant was issued for her arrest.

TAYLOR, Erika Paige, a 28 year old from Ardglen appeared in court and pled guilty to a charge of dishonestly obtain property by deception. The offence occurred between 12:39pm on January 20 and 12:39pm on February 14 in Scone, when Ms Taylor accessed a bank account and obtained $70. No conviction was recorded, but Ms Taylor was ordered to repay the $70 and was given a good behavior bond for18 months.

TEIXEIRA, Joshua, a 29 year old from Marmong Point had a charge of drive motor vehicle while licence suspended. The offence occurred at approximately 10:40am on May 18 on the Golden Highway in Merriwa. Mr Teixeria was given a good behavior bond of 12 months.

WARSAME, Najib, a 23 year old from Muswellbrook appeared on charges of common assault and resist or hinder police officer in the execution of duty. The matter was adjourned until November 22.

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 at approximately 9:15pm on May 12 on Oxford Street, Scone, when Mr Wells returned a reading of 0.103. In the police statement Mr Wells said he had begun drinking at the Scone Cup at approximately 12pm that day and consumed his last drink at approximately 9pm. He estimated he had consumed nine alcoholic drinks being four stubbies of XXXX and five cans of Jim Beam. Magistrate Soars noted Mr Wells was not brought to the attention of police because of the manner of his driving, but had three previous offences. Mr Wells was given a section 9 bond for two years, disqualified from driving for 8 months and fined $1,000.

WINFIELD, Trevor William, a 39 year old from Aberdeen pled guilty to charges of take and drive conveyance without consent of owner, drive motor vehicle during disqualification period and negligent driving – no death of grievous bodily harm. The offences occurred at approximately 5:25pmon July 31 in Aberdeen when Mr Winfield took a Holden Commodore. The Magistrate convicted Mr Winfield of drive while disqualified, ordered a pre-sentence report and adjourned the matter for sentencing until November 22.

Read previous court reports: Scone Court Reports – Previous.