Scone Court Report: June 2016.

THIS week the local court was hampered by information technology issues as they changed systems, which posed several administrative problems and caused Magistrate Prowse to lament the simplicity and reliability of the superseded paper filing system of the court.

Appearing in Scone Court this month were the following matters:

BANISTER, Dean Allan, a 20 year old from Vacy presented on a charge of driving with a low range prescribed concentration of alcohol. The offence occurred between 1:20am and 2am on May 8 when police pulled Mr Banister over for breath testing in Aberdeen Street, Scone. He returned a reading of 0.067, in the low range. The Magistrate noted he had tried to flee from police and made admissions to them that he had been drinking and believed he was over the limit. Magistrate Prowse asked why Mr Banister was drinking a hideous mixture of rum and cola and suggested he consider giving up drinking rum so that he does not find himself in this circumstance again. He noted Mr Banister was a member of the rural fire service and he otherwise had a clean record. No conviction was recorded and he was given a good behaviour bond for nine months. Magistrate Prowse instructed him “don’t come back”.

BARTLETT, Cameron James, a 26 year old from Berkeley was charged with holder of category A or B licence not have approved storage under the firearms act 1996. The offence was alleged to have occurred at Dartbrook on April 17 between 5pm and 8pm. The matter was adjourned to Wollongong on July 12.

BETTERRIDGE, Emily Kate a 29 year old from Metford was on a charge of drive motor vehicle while licence suspended, on June 8 in Aberdeen at approximately 1:35am. The matter was referred for assessment under the mental health act.

BOWMAN, Andrew Charles Matthew, a 31 year old from Dunedoo presented on charges of drive with mid-range prescribed concentration of alcohol. He returned a mid-range reading of 0.089 when he was pulled over by police in Cassilis on January 21 at 10pm. The Magistrate said the reading was unsurprising considering the number of mid strength beers Mr Bowman had consumed. Mr Bowman estimates he drank six or seven mid-strength beers between 5pm and 9:30pm that day and while he said he had consumed two in the first hour and one each hour thereafter he had one additional beer and he hadn’t eaten all day. The Magistrate noted Mr Bowman had previous drink driving offences in 2007, 2009 and 2010. The Magistrate said it obviously took Mr Bowman some time to absorb the lessons of drink-driving and said he was on the cusp of going to gaol. Mr Bowman was convicted and given an 18 month good behaviour bond.

BRIDGE, Bradley David, a 31 year old from Scone entered a plea of guilty 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 that he used cannabis for pain relief and to assist with sleep and that he confined his smoking to his bedroom away from his children. Magistrate Prowse asked if he recalled the days when there were smoking and non-smoking sections on board aircraft and pointed out how ludicrous it was, saying that Mr Bridge’s belief that the smoke was confined to his room was malarkey. He asked if Mr Bridge understood the term malarkey as there was an alternate that could be used relating to bovine excrement, but malarkey was a more polite term in the court. The matter was adjourned until November 24 and Mr Bridge was instructed to return on that date with drug tests demonstrating he was no longer using cannabis.

BRODBECK, Christian Wayne, a 24 year old from Wallsend entered plea of guilty for drive with mid-range prescribed concentration of alcohol. The offence occurred early morning on Sunday, March 6 when police breath tested Mr Brodbeck at Barton Street, Scone and he returned a reading of 0.086. Mr Brodbeck said he had consumed four mid-strength beers and two cans of rum and cola. Magistrate Prowse asked if he knew what rum was made of, pointing out that not even cows would eat it and yet Mr Brodbeck drinks it with cola. The Magistrate made the point Mr Brodbeck was a five-eighth in football and therefore should have a degree of brains, but demonstrated no brain power on this occasion. The Magistrate noted Mr Brodbeck’s licence had been suspended since March 6, was given a bond under section 10 to be of good behaviour for 12 months. Magistrate Prowse warned Mr Brodbeck not to come back.

BROWN, Ethan Oscar, a 21 year old from Rouchel presented on a charge of drive vehicle with illicit drug present in blood. Mr Brown had tested positive to cannabis on November 15 at approximately 5:23pm on the New England Highway in Murrurundi. Mr Brown said he no longer used cannabis and provided the court with blood tests showing a negative result for the presence of drugs Magistrate Prowse said Mr Brown’s decision to go straight was a positive development. No conviction was recorded, he was given a section 10 good behaviour bond for six months.

CARTER, Gavin David, a 45 year old from Scone presented on a charge of common assault. The offence occurred during the evening of June 13 at a residence in Scone. Mr Carter pled guilty. The Magistrate took into account an element of self-defence and noted Mr Carter recognised it went past self-defence and “fell over into the concept of common assault”. The matter was proven, without proceeding to conviction and Mr Carter was given a section 10 good behaviour bond for 12 months.

CLARK, Shayne Brian a 41 year old from Middlebrook presented on charges of drive with mid-range prescribed concentration of alcohol and common assault. The offence occurred at approximately 9:30pm on Friday, May 13 after attending a private function at the Scone Racecourse.  Mr Clark’s solicitor said he was attempting to drive home through paddocks as he lived near the racecourse. Four pedestrians were walking along Flemington Road when Mr Clark struck a female pedestrian with his car and knocked her to the ground. After a verbal exchange, Mr Clark also assaulted one of the male pedestrians. Mr Clark returned a mid-range reading of 0.147 and his licence was suspended. The Magistrate said that it does not matter if Mr Clark was not using a public road and trying to drive through paddocks, “as soon as you switch on the ignition, it is 180 percent wrong. You can’t even back the vehicle out and you hit someone, you could have killed her, all whilst you were seven parts to the wind. If you have to be drunk to find racing enjoyable, don’t go. You have been to the traffic offenders program and you were only one mouthful off high-range and a heart-beat away from manslaughter”. Mr Clark was convicted and ordered to do 135 hours of community service, and disqualified from driving for seven months. The Magistrate said the community service was instead of a term of imprisonment, “so if you don’t do the community service, then gaol it will be”.

CREASEY, Sally, a 60 year old from Scone was 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. Magistrate Prowse said he was underwhelmed with the quality of the specialist report from Dr Peter Young, “I hope he is a better psychiatrist than he is a report writer. This fails to address the legislative requirements of the mental health act, which was precisely what he was asked to address. However this ineptitude of Dr Young should not punish Ms Creasey.” Ms Creasey said she was in the process of selling her car. The Magistrate described Ms Creasey’s offence as serious in threat it posed to the safety of the public, but noted her otherwise clean driving record. The matter was discharged and dismissed provided Ms Creasey adheres to her treatment plan and surrenders her NSW drivers licence for six months of the treatment plan.

DOUGLAS, Bruce Raymond, from Toowong, Queensland was charged with enter level crossing with gate/boom/barrier operating. Mr Douglas pled not guilty to the charge and represented himself in court. Senior Constable Sean Cloake from Willow Tree was called as a witness and recounted Mr Douglas going through the boom gates at the Scone level crossing while they were still opening and the signals were still in operation on November 23 last year. Mr Douglas disputed his account saying that the gates had finished opening and the signals had stopped. However in Mr Douglas’ statement he said he considered it was safe for him to cross and described the gate as being “clear of me”. Senior Cloake agreed that while Mr Douglas was able to clear the boom gates on a motorbike, a car or truck would not have been able to at the stage of lift of the boom gates. Magistrate Prowse said Mr Douglas’s driving record showed he had been a safe and cautious driver, but said he needs to wait until the signals stop going “ding” and the gates are fully up. The matter was proven and no penalty was imposed.

FIELD, Michael, a 20 year old from Singleton appeared in custody on charges of assault, destroy/damage property, larceny and stalk/intimidate to cause fear. Mr Field’s solicitor argued Mr Field should be granted bail to live with his father in Redbank, Queensland or his mother in Bankstown. Bail was refused as the Magistrate noted Mr Field had announced to police while he was being arrested that he would not comply with bail conditions. The matters were adjourned for hearing, with other matters, in Singleton on July 12.

GIDLEY-BAIRD, Cameron Randall, a 41 year old from Muswellbrook presented on charges of not remove ignition key and not lock doors and secure windows in an unattended vehicle. Mr Gidley-Baird reported his keys as stolen to police. The matter was proven and dismissed under section 10.

GILBERT, Lee Martin, a 44 year old of Penrith was charged with drive whilst licence suspended under s66 fines act. The alleged offence occurred at 11:50am at Blandford on May 5, 2016. The matter was adjourned to Penrith on July 19.

HALL, Brian Tony, a 50 year old from Sofala pled guilty to a charge of possess prohibited drug, which was cannabis. Mr Hall was found to be in possession of cannabis at approximately 1:45am in Wingen. Mr Hall’s solicitor said he had a motor bike accident in 2009, suffered a brain injury and has ongoing pain. He has since seen his doctor to obtain a legal medication to manage the pain. The drug was weighed at 48.6 grams, but his solicitor pointed out it was weighed whilst still in the tin container. Magistrate Prowse encouraged Mr Hall to stick with the legal medications, until the laws change to allow medicinal use of cannabis. He was given a section 10 and the drug is to be destroyed.

HENRY, Beau Steven, a 21 year old from Aberdeen appeared on charges of aggravated break and enter and possess housebreaking implements. The Department of Public Prosecutions had not provided the full brief so the matter was adjourned until August 18.

HERBERT, Murray Ernest, a 26 year old from Aberdeen presented on charges of drive with middle range prescribed concentration of alcohol of 0.096 following testing on April 16 at Macqueen Street, Aberdeen. The matter was adjourned until September 22.

HODGES, Adam John, a 55 year old from Merriwa presented on a charge of exceed speed limit by 10 kilometres an hour. The matter was adjourned until July 21.

HOPMANS, Terry, a 30 year old from Muswellbrook pled guilty to a charge of drive with mid-range prescribed concentration of alcohol. Mr Hopmans returned a positive reading of 0.092 after being pulled over by police on the New England Highway, Scone between 7:30pm and 7:50pm. Mr Hopmans had completed the traffic offenders program and Magistrate Prowse noted it was the second time Mr Hopmans had been mid-range. “It beggars belief, you can’t go to the club, down three schooners and then drive! It was the quality of driving that brought you to police attention and speeding in a 50 zone and then a reading which was mid-range which was unsurprising.” Mr Hopmans had been suspended from driving since May 12, which caused him to lose his job and he had since picked up casual work. Magistrate Prowse said, “Come back a third time and guess what will be happening? Yes, gaol!” He was fined $750 and disqualified from driving for 9 months.

IRWIN, Matthew, a 40 year old from Scone presented on a charge of possess prohibited drug, which was 0.93 grams of cannabis as found by police at 3:10pm on May 17 in Liverpool Street, Scone. He was ordered to participate in the MERIT program and the drugs to be destroyed. Magistrate Prowse was annoyed that Mr Irwin was chewing gum when he presented in court and warned him to “stop masticating in court!” The matter was adjourned to Muswellbrook on July 4.

JONES, Ashley Ryan, a 21 year old from Aberdeen presented 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. The matter of break and enter intend to committed serious crime indictable offence was adjourned to Newcastle court on July 25 and the other charges were withdrawn.

JONES, Paul Stanley, a 45 year old from Murrurundi presented on charges of use carriage service to menace/harass/offend and make vexatious call to emergency service number. The matter was adjourned until August 18.

KIDNER, Michael George, a 43 year old from Scone presented on a charge of drive motor vehicle during disqualification. Magistrate Prowse asked that Mr Kidner be assessed for a community service order. He later reported back to the court and he was deemed unsuitable for community service due to a previous assault conviction. Magistrate Prowse said, “the intellectual depths of that (a community service order not be possible) are far beyond me!” Mr Kidner was convicted, fined $750 and is disqualified from driving for two years. Magistrate Prowse warned that “if you get busted driving anything you’ll be off to the other place if you do.”

LAMBKIN, Blake Wade a 21 year old from Scone was charged with possess prohibited drug. He entered a written plea of guilty and a pre-sentence report was ordered. The matter was adjourned until August 8.

MACKENZIE, Trent John Scot, a 35 year old from Corowa was convicted of possess prohibited drug, charged $500 and the drugs ordered to be destroyed. The drug was 20 grams of cannabis leaf which police found in his possession at approximately 2am in Cassilis on June 13.

MACDONALD, Christopher Edward, a 59 year old from Scone appeared on a charge of receive financial advantage from Commonwealth entity. Mr MacDonald did not have legal representation and the matter was adjourned to July 21.

MCDONALD, Stephen James, a 45 year old from Murrurundi pled guilty to resident three months not obtain NSW licence and possession of equipment for administering prohibited drugs. Mr McDonald was stopped by police in Willow Tree on April 13 at approximately 1:15am. Mr McDonald was convicted, fined $100 and the implements ordered to be destroyed.

MCDONALD, Tyron Lee, an 18 year old from Lethbridge Park entered a written plea of guilty for larceny. The larceny related to a packet of Bond Street Blue cigarettes from the Shell Service Station in Murrurundi on May 29, which had a value of $37. He was convicted and fined $40.

MORGAN, Timothy George Patrick a coronial inquest into the death of Mr Morgan is set to be heard on November 3. Magistrate Prowse said there was an almost identical matter in 2010 and said the RSL Club is put on notice because of it. “I don’t think there is involvement with State Rail or whatever it is called nowadays, I don’t think it is about the level crossings; an argument like that would be like proposing to fence off the whole cliff of New South Wales to stop people from falling off. So it comes back to liquor laws and the responsible service of alcohol,” said Magistrate Prowse. He further warned there should be no further delays to the matter being heard on November 3, “when it involves sensitive matters like this further delays only exacerbate the angst.”

POLLOCK, Simon Lindsay, a 33 year old from Quirindi had a charge of drive motor vehicle during disqualification period. Mr Pollock is to complete the MERIT program and the matter was adjourned to Tamworth on August,3.

PRICE, Johnathan Miles, a 42 year old of Aberdeen pled guilty to a charge of exceed speed by 10 kilometres. Magistrate Prowse reviewed Mr Price’s references and noted he supports a turtle on the Great Barrier Reef. “There seems to be only one government that doesn’t recognise the significance on the reef, but I’m glad Mr Price does.” The charges were proven, dismissed under section 10.

REIMERS, Philip Whitney, a 63 year old from Welshpool, Western Australia pled guilty to 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 information in written work diary and driver not give information to record keeper as required. The matter was adjourned to Singleton on July 14.

REICHEL, Thomas Leslie, a 24 year old from Aberdeen presented on several charges including assault occasioning actual bodily harm, threaten to destroy/damage other person’s property, fail to appear in accordance with bail acknowledgement and common assault. A presentence report was ordered and the matter was adjourned until August 18. Bail is to continue.

ROBINSON, Blake, a 25 year old from Aberdeen entered a written plea of guilty for possess prohibited drug and driver never licenced. The drug was 0.3 grams of methamphetamine. Mr Robinson was convicted and fined $150 for the drug possession.

ROLFE, Michael John, a 24 year old from Scone was charged with drive with middle range prescribed concentration of alcohol. Mr Rolfe returned a reading of 0.094 in Scone on August 21. Mr Rolfe had been directed by the court to do 150 hours of community service. Mr Rolfe had not been completing his community service and the matter was due before the court. The matter was withdrawn.

ROSER, Stephen, of Scone v RMS – appeal against a decision of the RTA. The matter was withdrawn by Mr Roser.

RUSSEL, Dylan Ranald, a 28 year old from Willow Tree appeared in custody on charges of common assault, stalk/intimidate intend fear physical harm, use offensive weapon to prevent lawful detention and intimidate police officer in execution of duty. Mr Russel had several outbursts during court proceedings, demanding an investigation into the management of his case and was critical of the lack of health services in custody, exclaiming that he had not been receiving his medications. Magistrate Prowse said that by pulling a knife on a police officer he was facing an “extraordinary time in gaol” adding it was extraordinary he didn’t have a round 22 sized hole in him. Mr Russel was remanded in custody, a psychiatric report was ordered and the matter was adjourned until August 8, in Tamworth.

SAUNDERS, Clint, a 20 year old from Muswellbrook appeared in custody on two charges of common assault. The matter was adjourned until August 18.

SMALL, Ian Patrick, a 45 year old from Merah North again failed 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. A warrant was issued for the arrest of Mr Small when he failed to appear in court in May. Another warrant was issued for his arrest.

SMITH, Karen Ann, 52 year old from Aberdeen pled guilty to a charge of exceed speed limit by 10 kilometres. Ms Smith’s solicitor argued that Ms Smith needed her licence for her job and also to drive her husband to Newcastle for regular cancer treatment. Magistrate Prowse said he could understand how Ms Smith felt unwell considering the pressure she is currently under and noted that she had not exceeded the speed limit by a gross amount. The matter was proven, without conviction, Ms Smith was given a good behaviour bond for six months and told to slow down.

STEER, Darren Barry, a 49 year old from Aberdeen appeared on charges of drive motor vehicle during disqualification period and drive with high range prescribed concentration of alcohol (PCA). Mr Steer was stopped by police on April 14 on the New England Highway at approximately 1pm and returned a reading of 0.151. Magistrate Prowse said Mr Steer was an absolute danger to the community. It is the second drive whilst disqualification and a high range PCA and he was sentenced to 9 months gaol, but despite subsequent leniency by the court in overturning the gaol time Magistrate Prowse said it seemed to have no impact on Mr Steer’s behaviour. “There is a plethora of drink driving and drive whilst disqualified. It is mystifying as to why a police officer at a police station allowed you to leave with only a field court attendance notice endangering the public at the high end of the scale. There is no other penalty available to you other than a gaol sentence.” Mr Steer was sentenced to 30 months with 2 years non-parole. He is disqualified for driving for nine months and an interlock device for 48 months.

STRONG, Curtis James, a 20 year old from Scone appeared on a charge of common assault. His solicitor said they disputed the facts, specifically when the victim turned and walked away that he was hit in the back of the head. He pled guilty to punching the victim in the front of the face. The matter was adjourned for hearing on August 18.

WALKER, Amy and DAVIS, Barry: were in court in relation to a noise complaint. Mr Davis said things had resolved and he was happy to drop the matter. Magistrate Prowse said “Ms Walker, given the fact that things have been quiet, keep up the good work.” The application was withdrawn and dismissed.

WALKER, Justin Adam, a 40 year old from New Lambton presented on a charge of possess prohibited drug. Mr Walker did not have legal representation and the matter was adjourned to July 21.

WEEKES, Steven John, a 22 year old now living in Macgregor, Australian Capital Territory, presented on charges of drive vehicle, illicit drug present in blood and drive vehicle under the influence of drugs. Mr Weekes came to the attention of police attention due to erratic driving and drug tested showed the presence of methylamphetamine and cannabis. Magistrate Prowse said, “despite all the good things you’ve done, you’re a disaster waiting to happen. It is unlikely you would have been the only one on the slab, there would have been four others there with you.” Mr Weekes was convicted, fined $600 and disqualified from driving for six months.

WHITE, John Phillip, a 26 year old from Muswellbrook presented on a charge of negligent driving and pled guilty. As Mr White was describing the circumstances of the charge Magistrate Prowse interrupted to ask, “are you a copper?” Mr White responded that he was not. Magistrate Prowse explained that the only people he hears use the word “proceeded” were coppers, so he assumed Mr White was an off-duty copper. Magistrate Prowse empathised with the frustration of slow drivers discussing people who wear hats and the tyranny of being trapped behind people towing caravans. However, he said if there was an overtaking lane in a couple of kilometres, Mr White should have sat off the person until then. Magistrate Prowse concluded that it did not seem to be serious; he was given a section 10, a good behaviour bond and encouraged “not to speak like an undercover copper.”

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