Scone Court Report: May 2016

MAGISTRATE Prowse posed the question to a lady before the court this month: “What standard of measurement were you using when you were drinking?”

The answer to what is a standard drink varies dramatically across different types of alcohol, even between red wine and white wine.

For red wine 100 mls at 13% alcohol is a standard drink, compared to 11.5% for white wine and 12% for champagne.

Considering wine glasses vary dramatically in size and different bottles of wine have different alcohol percentages it is something that needs to be properly understood if you plan to drive after a couple of glasses of anything.

A guide to measuring a standard drink can be found on the Department of Health’s website: Drinks Guide.

Matters before the Scone Court in May included:

Eric John ADAMS a 45 year old from Tamworth appeared on a charge of destroy or damage property and common assault. Bail is to continue and the matter was adjourned to Tamworth on May 23.

Fred Rick BELL an 18 year old from Timor appeared to appeal a decision of the Roads and Traffic Authority relating to speeding. Magistrate Prowse asked, “were you still seeing the signs that there is a speed camera as you hurtled by?” The matter was adjourned until November 24, with the Magistrate adding, “there better not be anything further on your record otherwise you’ll be trying out for the Australian cycling team.”

Gabby Teresa BELL, an 18 year old from Scone failed to appear before the court in April and a warrant was issued for her arrest. Ms Bell has two charges of drive motor vehicle during disqualification, one count of possess prohibited drug and two counts of possess / attempt to prescribe restricted substance. The matter was adjourned to Tamworth on May 24.

James Allan BLACKWOOD, a 75 year old from Aberdare appeared on a charge of exceeding the speed limit by 20 kilometres an hour in Blandford on January 2. The Magistrate asked, “why were you doing 94 when you were supposed to be doing 70 and there were lights everywhere telling you there was a speed camera?” The Magistrate outlined Mr Blackwood’s driving record noting speeding offences in 2014, 2015, 2010 and 2004. Mr Blackwood said his speedometer was broken and he was unaware of the speed he was doing. There was evidence that Mr Blackwood had his speedometer fixed provided to the court. Mr Blackwood was convicted and fined $200.

Andrew Charles Matthew BOWMAN a 31 year old from Dunedoo had a charge of drive with mid-range prescribed concentration of alcohol, of 0.089 during random breath testing on Ancrum Street, Cassilis on January 29. A pre-sentence report was ordered and the matter was adjourned to June 23.

Justin BOYLE a 19 year old from Scone presented on charges of drive vehicle illicit drug present in blood and possess prohibited drug. The drugs detected in the blood test included amphetamines and cannabis and Mr Boyle had 0.5 grams of cannabis leaf in his possession. Mr Boyle had been stopped by police for testing on Turanville Road, Scone on July 26 last year between the time of 12:15 am and 12:50am. The Magistrate said he felt the court had been let down by the police in the charges, saying Mr Boyle was “only charged with a pathetically woefully inadequate offence.” Magistrate Prowse said he could not understand why anyone would take MDMA under any circumstances and outlined a situation where his son had tried to assist ambulance officers save a woman who had taken MDMA however she later died. He said there were plenty of stories of people who had gone to a concert and didn’t return home because they had died from taking MDMA. Magistrate Prowse asked where Mr Boyle received his chemistry degree, to which Mr Boyle said he did not have a chemistry degree. He asked Mr Boyle if he was to go to the kitchen and crush up some rat poison and present it to him in a zip lock bag if he would take it? Magistrate Prowse suggested he would take it as it was legal, he knew what it was and that apparently he would take anything given to him. He questioned why Mr Boyle would trust a “dodgy drug dealer” with what they were giving him. Magistrate Prowse held up a file and said Mr Boyle was lucky to be walking out of the court room, because he was holding a file for a coronial matter whereby the man had died. “I deal with coronial matters and I’m ecstatic you are in this pile and not that pile of files. Now take your mother down the street and buy her a cup of coffee and I am glad she can take you home and did not have to go to the morgue and identify what was once her living, breathing son.”

Shannan James BREE, a 41 year old from Gunnedah had a charge of custody of knife in a public place and possess/attempt to prescribe restricted substance to which he has pled not guilty. Police had taken Mr Bree into custody in Parkville on February 26 at approximately 10:40pm. The charge relating to possession of prescribed substance was withdrawn. The matter has been adjourned for hearing on August 19.

Ethan Oscar Rivers BROWN a 22 year old from Rouchel was charged with drive vehicle, illicit drug present in blood. Mr Brown tested positive to cannabis on November 15 at approximately 5:23pm on the New England Highway in Murrurundi.

Robert Scott CAMPBELL, a 40 year old who now lives in Rutherford appeared in custody on a charge of contravene prohibited / restriction in AVO. Mr Betts argued that the offences were low level, however Magistrate Prowse disagreed and asked if Mr Betts was familiar with the concept of Chinese water torture, explaining “it may be small, but by the 800^th drop you are ready to rip your eyes out.” The matter was adjourned to Muswellbrook on July 6.

Alex David CARTER, a 19 year old from Toronto was on charges of unlawfully obtained goods, which were vehicle registration plates (AZ43UZ) seized by police at Scone on March 19, learner not accompanied by license driver and use unregistered vehicle. The matters were adjourned to Toronto court on June 8.

Crystal CHILDS a 29 year old from Scone failed to appear on a charge of enter enclosed land not prescribed premises without lawful excuse. Ms Childs had been a passenger in an unregistered black Honda Prelude which had fled from police in Scone on February 23. She was in the company of Sean Luke Tibby and Kieran John McGrath. When the vehicle stopped Ms Childs fled from police on foot and entered land owned by the East Rossgole Pastoral Company without consent. Ms Childs was convicted in her absence, but no penalty was imposed.

Sally CREASEY a 59 year old Scone woman presented on a charge of drive with high range prescribed concentration of alcohol, which was measured to be 0.211 when police tested Ms Creasey following a positive result on April 13 between 6:30pm and 7:14pm on the New England Highway in Scone. The matter was adjourned until June 24 and Ms Creasey was instructed not to drive.

George Wolseley CROUCH, a 36 year old from Gundy presented on a charge of drive with low range prescribed concentration of alcohol of 0.067, when he was stopped by police on Kelly Street, Scone on March 3. Mr Crouch said he was driving his mother to Scone airport to pick up his father from the airport and had been drinking XXXX. Magistrate Prowse questioned why he had been drinking XXXX, saying that it tasted so terrible the only reasonable explanation must be its lower alcohol content. Mr Crouch said it was for the lower alcohol content. Mr Crouch was given a section 10 and a good behaviour bond for six months. Magistrate Prowse cautioned that since it was Mr Crouch’s second offence there had better not be a third.

Gavin James DAVIES, a 43 year old from Fletcher, presented on two counts of possess prohibited drug, which was 0.50grams of methylamphetamine (commonly referred to as speed) and 5.9 grams of cannabis. Mr Davies was a passenger in a vehicle which was stopped by police for random breath testing on the Golden Highway in Merriwa at approximately 7pm on April 25. Mr Davies’ solicitor said he had cirrhosis of the liver and that cannabis helps stimulate his appetite, but is going to the doctor to see what medications may take the place of cannabis. However, Magistrate Prowse said while there may be medical applications for cannabis which are legal in the future, there is no explanation for the drug speed. Mr Davies was convicted and fined $600, which Magistrate Prowse pointed out was because the price of the cheapest casket available was $800, but he had applied a discount because Mr Davies had pled guilty at the first available opportunity. But warned a casket is where he would end up if he kept using drugs.

Colin James DRIES, a 46 year old from Aberdeen presented on one count of possess prohibited drug alleged to be a 65 centimetre high cannabis plant. Mr Dries failed to attend court and a warrant was issued for his arrest.

Michelle Maree FARRELL a 43 year old from Scone appeared on charges of one count of shoplifting, four counts of goods in personal custody suspected being stolen, four counts of larceny, three counts of dishonestly obtain property by deception, one count of receive/dispose stolen property, one count of enter inclosed land not prescribed premises without lawful excuse. The Magistrate noted that Ms Farrell had refused to see the psychologist as part of a pre-sentence report, which could allow the court to form a judgement for sentencing. Ms Farrell was taken into custody and bail was refused and the matters are adjourned until September 1.

Jessica FARRELL a 21 year old now of Glendale appeared on multiple charges relating to shoplifting. Ms Farrell was in the company of her mother Michelle Maree Farrell when the offences occurred. Magistrate Prowse reviewed the mental health reports noting Ms Farrell was developmentally delayed and said “in reading the reports it is apparent that Ms Farrell matters will be dealt with under the mental health act.” Charges were dismissed providing Ms Farrell complies with the mental health treatment plan.

Alison FRASER a 33 year old from Keysborough, Victoria presented on a charge of possess prohibited drug, witch was 0.63 grams of methamphetamine when pulled over for random breath testing on April 18 on the corner of Scott Street and Liverpool Street, Scone. Ms Fraser’s solicitor said she was living with her parents and in drug rehabilitation and while she did not contest that she was in possession of the drug, it was not the drug she used and was left in her car by another person. She pled guilty to it being in her possession. Ms Fraser was convicted and fined $400.

Brent William FUZ a 41 year old from Willow Tree had cultivated 21 cannabis plants which ranged in size from 1 foot and 1 foot 6 inches, which Mr Fuz’s solicitor said was for personal use. Magistrate Prowse adjourned the matter until November 24 and asked Mr Fuz to turn his green thumb to good and grow some vegetables for the needy in the community. The Magistrate asked Mr Fuz what he intended to grow. Mr Fuz said he would grow a variety of vegetables including corn and tomatoes and would aim to have a box full when he next appeared before the court. Magistrate Prowse said he should also consider what charity he donate the box of vegetables to.

Dylan FUZ a 16 year old from Willow Tree appeared on charges of use unregistered vehicle on the road, use uninsured motor vehicle and driver never licensed. Magistrate Prowse instructed Mr Fuz to get his L-plates and adjourned Nov 24. He further encouraged Mr Fuz to help his father in the vegetable garden.

Benjamin Paul GOODLET a 30 year old from Scone pled guilty to a charge of drive with mid-range prescribed concentration of alcohol reading of 0.081 on April 15 during random breath testing at Liverpool Street, Scone. Mr Goodlet had completed the traffic offenders program. Magistrate Prowse asked Mr Goodlet what he had consumed. Mr Goodlet said he had consumed four to five middies of rum and cola. Magistrate Prowse asked why he was drinking rum in the first place and questioned if he knew what rum was made from. Mr Goodlet responded that it was made from molasses. Magistrate Prowse explained that molasses is what cows eat, but what rum is made from the cows won’t touch “and here you are drinking it!” Magistrate Prowse noted it was the second time Mr Goodlet had completed the traffic offenders program and questioned if it had had any impact. He was convicted and fined $700 and his license was suspended for six months.

Christopher Anthony HAAK a 45 year old from Glenridding presented in custody on charges including three counts of detention application – arrest. Mr Haak applied for bail and the prosecution opposed bail. Magistrate Prowse said, “there are no prospects that I can see that you will comply with bail and a high likelihood you will continue to offend, so bail is refused.” The matters were adjourned to Singleton on May 22.

Malcolm Peter HARDES a 37 year old from Parkville presented on charges of exceed speed by 10 kilometres, not comply with standard: tail lights and not comply with standard: emission/silencer. The matter was adjourned until October 21.

Kelly HARVISON a 47 year old from Scone presented on a count of licensed driver low range prescribed concentration of alcohol sit next to learner. Ms Harvison was subject to a random breath test on April 24 at Kelly Street, Scone and returned a reading of 0.077. Ms Harvison’s solicitor said she was going into town with her son to buy eggs to make banana muffins. Magistrate Prowse asked which measuring system Ms Harvison had used while she was drinking. Ms Harvison said she was drinking a standard sized wine glass. Magistrate Prowse said wine glasses come in a variety of sizes and said that a standard measuring system needs to be used when you are drinking. He further explained that measuring systems become more problematic when people top up glasses and lose track of how much they have consumed. Magistrate Prowse encouraged Ms Harvison to use a measuring system when drinking. Ms Harvison was given a section 10 bond and is to be of good behaviour for six months.

Murray Ernest HERBERT a 26 year old from Aberdeen presented on a charge of drive with middle range prescribed concentration of alcohol of 0.096 following testing on April 16 at Macqueen Street, Aberdeen. Magistrate Prowse pointed out that it was the third occasion Mr Herbert had presented on drink driving charges and asked “Tell me why you shouldn’t go to gaol?” A pre-sentence report has been ordered and the matter has been adjourned until June 23. Mr Herbert was convicted and his licence is disqualified, he was further instructed “don’t drive anything under any circumstances”.

Ian Charles HERIVEL a 47 year old from Murrurundi presented on a charge of stalk/intimidate intend fear physical etc harm. The matter was adjourned until September 1.

Damien Shane HORN a 23 year old from Bonnells Bay presented on a charge of drive without proper control of vehicle. The matter was adjourned until Friday, August 19.

Ashley Ryan JONES a 21 year old from Aberdeen was to present on charges of enter prescribed premises of any person without lawful excuse, two counts of stalk/intimidate intend fear physical etc harm and one count of break and enter intend to commit serious indictable offence. Mr Jones’ solicitor asked that the matter be sent to Newcastle court for hearing, however Magistrate Prowse said that “he was not a great believer in centralisation and if I had my way we’d be sitting in Murrurundi it’s a magnificent court house; so it will stay here!” The matter was adjourned until June 23.

Jason Bradley KEANE, a 41 year old from Merriwa entered a written plea of guilty for licence expired less than 2 years before. He was convicted and fined $400.

James S KREMAR a 33 year old from Craigieburn, Victoria has charges of go onto or into or remain on or in running lines, cause obstruction to railway locomotive or rolling stock and resist or hinder police officer in the execution of duty. The matter was adjourned for hearing on November 4.

Corey David Maurice LAKE a 23 year old from Dubbo presented on a charge of common assault. Mr Lake was given a section 10 and 15 months good behaviour.

Oliver LOVELL a 25 year old from Sandy Bay Tasmania had his solicitor plead guilty on his behalf to go onto or into or remain on or in running lines. The matter was adjourned until July 11 in Downing Centre, Sydney.

Clinton John MANNING a 35 year old from Muswellbrook presented on charges of possess prohibited drug and drive motor vehicle while licence suspended. The Magistrate said the bonds had been revoked, noting he had already been fined $500 on each matter and no further penalty was given.

Kieran John MCGRATH a 20 year old from Scone presented in custody on charges of assault occasioning bodily harm, reckless grievous bodily harm, enter inclosed land not prescribed premises without lawful excuse, possess prohibited weapon/firearm/imitation firearm in court and carry cutting weapon upon apprehension. For the charge of entering inclosed land he was convicted, but no penalty was imposed. The other matters were adjourned to August 19 for hearing.

Thomas MCINNES a 34 year old from Scone presented on two charges of possess prohibited drug, which were 0.31 grams of crystal methylamphetamine (commonly known as ICE) and 1.69grams of cannabis when stopped by police at Birrell Street, Scone on September 19 last year. Magistrate Prowse noted Mr McInnes had completed the traffic offenders program, but also noted he had a charge in 2013 for possess prohibited drug, received a fine and it seemed to have had no impact. “So short of being locked up how are we going to stop you from being locked up? It’s not rocket science is it? Do you think a big fine might work?” Mr McInnes was convicted and fined $300 for the cannabis and convicted and fined $900 for possession of ICE.

Paul Maxwell MILTON a 36 year old from Woolooware appeared in court in custody for charges in relation to a stolen trailer owned by Coates Hire in Taren Point valued at $4,800 and also drive whilst disqualified. The matters were adjourned to May 20 at the Downing Centre to be heard with other matters. Bail was refused.

Timothy George Patrick MORGAN a coronial inquest into the death of Mr Morgan was adjourned until June 23 and set a hearing date of November 3. The CEO of the Scone RSL Club, Michael Hollingsworth, appeared at short notice to the court, without legal representation. Magistrate Prowse asked Mr Hollingsworth if they would like the matter adjourned so they could seek legal representation, which he did. Magistrate Prowse said he was concerned about the responsible service of alcohol and circumstances immediately preceding Mr Morgan’s death.

Bradley Wayne NORTON a 38 year old from Scone presented on charges of use offensive language in/near public place/school, fail/refuse to disclose identity on request, resist or hinder police officer in the execution of duty and assault officer in execution of duty. The matter was adjourned for hearing until July 22.

Deanne PATTERSON v Matthew BASANOVIC reached an agreement on a civil matter relating to a horse float.

Jamie PETTY presented in custody on charges including one count of assault, one of stalk/intimidate intend fear physical harm etc, three counts of destroy of damage property, one count of resist officer in execution of duty and another of assault officer in execution of duty and applied for bail. Magistrate Prowse said, “he is not getting bail on any conditions whilst I am drawing breath”. Mr Petty was directed to have a drug and alcohol assessment in Tamworth on June 27 to see if he is eligible for a rehabilitation facility. Magistrate Prowse added, “the days of being hit with a piece of wet lettuce, which is a section 12 are over. Your breaches and reoffending show that you are in no way fit for bail, you have a very lengthy record, there is a guarantee of gaol and there are no bail conditions I would agree to. Bail is refused.”

Sumarlinah RADEN WINOTO a 20 year old from Chatswood was on charges of go onto or into or remain on or in running lines, cause obstruction to railway locomotive or rolling stock and resist or hinder police officer in the execution of duty. The matter was adjourned until November 4.

William Glen REILLY a 28 year old from Canton Beach pled guilty to a charge of obstruct /hinder ambulance officer providing service to other. Mr Reilly wanted to apologise to the court and the ambulance service. The Magistrate requested a report from a psychologist or psychiatrist and said “while an apology is a good start it is unlikely to keep you out of gaol.” Magistrate Prowse noted he was an ex-serving member of the armed forces and recommended he access their services which may have a range of resources and networks to help service people. The matter was adjourned until August 18.

Philip Whitney REIMERS a 63 year old from Welshpool Western Australia was on charges of driver fail to comply with direction to stop heavy vehicle, driver not record required information after starting work, two counts of driver not record prescribed info in written work diary and driver not give information to record keeper as prescribed. The matter was adjourned until June 23.

Michael John ROLFE a 24 year old from Scone appeared on a charge of drive with middle range prescribed concentration of alcohol of 0.094 on Carlyle Street, Scone at 11:23 pm on August 21 last year. The matter was adjourned until June 23. Magistrate Prowse said, “you have now until the 23^rd to pull the iron out of the fire and a plea will have to be entered.”

Harris SAMUELS a 27 year old from Scone, was charged with middle range prescribed concentration of alcohol of 0.114 on January 17 at approximately 12:25am at Short Street, Scone. Mr Samuels failed to appear in court and a warrant was issued for his arrest.

Leixin SANG a 30 year old from Scone presented on a charge of common assault and pled not guilty. The matter was adjourned for hearing on August 19.

Clint SAUNDERS a 20 year old from Scone appeared on two charges of assault. The matter was adjourned to Tamworth court on June 24.

Peter Quinn SINCLAIR a 67 year old from Gatton, Queensland had charges of use class B / C vehicle number plate obscured, defaced, driver not record required information after starting work, solo driver work more than standard maximum time – critical risk, driver class 1 or 3 heavy vehicle not keep relevant document, use etc heavy vehicle in a way that contravenes exemption, drive heavy vehicle not comply loading requirements – minor and solo driver rest less than standard minimum time –critical risk. Mr Sinclair’s solicitor asked for an adjournment. Magistrate Prowse showed annoyance and stated that “he has already had the matter adjourned and I don’t want this to continue”. The matter was adjourned until August 18.

Ian SMALL a 45 year old from Merah North was due to appear on charges of drive conveyance taken without consent of owner and possess prohibited drug which was 6 grams of cannabis when pulled over by police at Willow Tree on April 2 at 3:30pm. Mr Small failed to appear before the court and a warrant was issued for his arrest.

Scarlett Mercedes SQUIRE a 23 year old from Fairfield, Queensland presented on charges of resist or hinder police office in the execution of duty and cause obstruction to railway locomotive or rolling stock. Prosecution withdrew the first charge of resist or hinder police. Ms Squire was on three bonds at the time of the charges. Ms Squire’s solicitor urged the Magistrate to consider that Ms Squire was at the end of the 8 month bond. Ms Squire’s solicitor argued that she wanted fossil fuels replaced with renewable energy. Magistrate Prowse how many solar panels Ms Squire had on her roof at home. She replied, none. Magistrate Prowse asked how may wind turbines she had at her home. Ms Squire answered none. Magistrate Prowse mused that one could always try to balance out the damage by planting trees and asked how many trees Ms Squire had planted, to which she replied five. Magistrate Prowse said, “the purpose of those questions was not to humiliate her, but to suggest that there are legitimate lawful ways to bring one’s point home which are consistent with complying with her bond and for the things of which she is concerned can be addressed in a legitimate ways and by all means to participate in protest but in legal ways.” Magistrate Prowse said he note Ms Squire pleaded guilty, but that she knew she was on a bond. Ms Squire was convicted and fined a total of $1,450.

Darren Barry STEER a 49 year old from Aberdeen had charges of drive motor vehicle during disqualification period and drive with high range prescribed concentration of alcohol. Mr Steer was stopped by police on April 14 on the New England Highway at approximately 1pm and returned a reading of 0.151. The matter was adjourned until June 23.

Kristane Louise TAYLOR a 20 year old from Aberdeen entered a plea of guilty for a charge of drive with a low range prescribed concentration of alcohol. Ms Taylor was stopped for testing by police on April 16 at approximately 1am at Aberdeen and returned a reading of 0.061. Ms Taylor was directed to go to the traffic offenders programme, was convicted and disqualified from driving. The matter was adjourned until July 21.

Sean THOMAS and Wayne BROWN: Mr Thomas is seeking compensation of $6,000 from Mr Brown in relation to compensation for horse training expenses. The matter was adjourned until Thursday, July 21.

Sean Luke Terry TIBBEY a 27 year old from Scone failed to appear before the court on charges of enter inclosed land not prescribed premises without lawful excuse, remove/deface vehicle defect label no authority, permit use of vehicle in breach of major defect notice and cause or permit use of unregistered vehicle on road. Mr Tibbey was convicted in his absence and a total of $1,600 of fines.

Joseph TRINDALL a 28 year old from Quirindi presented on a charge of possess equipment to administer prohibited drug. Police seized the glass pipe for the use of methamphetamine on April 16 at approximately 1:10am in Scone. The matter was adjourned to Quirindi on June 22.

Amy WALKER v Barry DAVIS appeared in court relating to a noise complaint brought by Mr Davis against Ms Walker. Ms Walker has since moved and the Magistrate recommended the matter be adjourned until June 23 “to see if the matter settles since Ms Walker has moved”.

Susan Lesley WATSON a 61 year old from Scone appeared on a charge of mid-range prescribed concentration of alcohol, of 0.139 following random breath testing at Liverpool Street, Scone on February 7 at approximately 6:20pm. The matter was withdrawn and dismissed.

Leonie WRIGHT a 44 year old from Scone appeared in custody on charges of use offensive language in/near public place/school, resist or hinder police officer in the execution of duty and carry cutting weapon upon apprehension. Magistrate Prowse said he was flabbergasted that Ms Wright would keep a knife in her bra and questioned how it could not be uncomfortable. Ms Wright’s solicitor explained it was a folding knife. Magistrate Prowse asked why you would store anything in a bra, he recognised that some women often store things at the top of their bra due to the usefulness of the elasticity, but questioned how carrying a knife in the bottom part of the cup of the bra was comfortable. Magistrate Prowse advised Ms Wright that, “next time when the coppers come calling don’t call them #$*&s. There are nearly 600,000 words that you could have used that you could pick that wouldn’t have got you in trouble. I suggest you expand your vocabulary. Ms Wright was sentenced to two months gaol, back dated.

Read: Previous Court Reports.