scone.com.auScone Court Report: December 2016
DURING the course of court reporting this year many people have asked how the writers of the court report would feel if they ended up in the court report one day. We have each said there is as much likelihood of us ending up in the court report as there is any other community member, but we would be willing to not only report as we would every other community member, but in fact we would provide more detail.
Following a discussion with the Magistrate and police in February, scone.com.au decided not to report on domestic violence issues in case victims were deterred from coming forward. We do however still report on offences which may relate to violence orders such as common assault and stalking.
However, in the spirit of reporting on ourselves to a greater extent, this month we have reported on a personal violence order matter lodged by the editor of scone.com.au Elizabeth Flaherty against Linda Richardson who attended the editor’s home following the November court report which included information on her son Thomas Richardson.
The matter has been referred for mediation and during this process we may not be allowed by the court to report on certain details, otherwise we commit to reporting on everything which is in the public domain.
Read more about the personal violence matter: Application for apprehended personal violence order Elizabeth Flaherty v Linda Richardson.
Other matters brought before the Scone Court this month included:
BYFIELD, Trudie Louise, a 43 year old from Merriwa appeared in court on charges of destroy or damage property and common assault. Ms Byfield’s solicitor, George Fraser outlined her achievements during 20 years in the banking industry, her roles in the community and also that she had recently ended a marriage. Magistrate Prowse noted that Ms Byfield had pled guilty at the first available opportunity and that the behaviour was completely out of character according to her record. “In the bad old days domestic violence was known about and to quote General Morrison “the standard people walk past in the standard they accept. Thankfully that is changing so that people don’t tolerate and don’t cover up domestic violence because that is what it is. However, this has all the hallmarks of a boil exploding and it must have been a cataclysmic moment that caused whatever it was to build up and explode. The community needs to know that domestic violence is not tolerated and here you are standing in court being lectured by someone you don’t know and for your character it must be embarrassing and humiliating, because if there is someone in Merriwa who doesn’t know about this, they’d have to be in the cemetery. You will need to do a lot of work to restore your reputation.” Magistrate Prowse noted they no longer lived together in the context of threat being minimised. The matter was proven, dismissed and a nine month good behaviour bond put in place.
CONSTABLE, Jessica, a 27 year old from Scone appeared on a charge of drive with middle range prescribed concentration of alcohol. The offence occurred on October 9 at approximately 12:50-1:10am in St Aubins Street, Scone. The reading she returned was 0.137. Ms Constable was required to complete the traffic offenders program, was convicted and the matter was adjourned until February 23. Ms Constable was cautioned by the Magistrate not to drive anything.
CORNISH, Craig John, a 49 year old from Cassilis appeared on a charge of drive with middle range prescribed concentration of alcohol and pled not guilty. The offence is alleged to have occurred on December 1 between 6:10pm and 7:30pm on Ancrum Street, Cassilis, with a reading of 0.091. The matter was adjourned until February 23, 2017. His licence continues to be suspended.
COX, Robert Noel, a 51 year old form Waratah appeared on a charge of break and enter intent to commit serious offences. The offence is alleged to have occurred between 7pm on March 20 and 8am on March 21 at Scone Medical Practice. Mr Cox is hospitalised and the matter was adjourned until March 23.
CUNNEEN, Sheree Lisa, 32 year old from Scone was on a charge of drive licence suspended on July 29 in Aberdeen and shoplifting and goods in personal custody expected stolen which totalled $130. Ms Cunneen was directed to undertake the community treatment order and the charges were dismissed.
CURRY, Aaron, a 30 year old from Singleton appeared in court and pled guilty to a charge of steal property in dwelling/house, two counts of destroy of damage property and one count of destroy property by fire at Nemingha. The property damaged included an iPad and four car tyres. Mr Curry also set alight 3,500 bales of hay and a hayshed. Mr Curry’s solicitor recommended community service, to which Magistrate Prowse said, “if I was to give community service for fire I may as well give it all away and go home now.” Mr Curry was sentenced to 3 years and 6 months in gaol and taken into custody.
FINLAY, Christopher Raymond, a 26 year old from Narromine appeared in court and pled guilty for a charge of drive with high range prescribed concentration of alcohol. The offence occurred on December 3 on Parker and Guernsey Streets, Scone at approximately 11:30, with a reading of 0.165. The matter was adjourned to Narromine court on March 7, a presentencing report was ordered and he is disqualified from driving.
GODDARD, Raymond James, a 37 year old from Scone presented on charges including destroy or damage property and two counts of common assault. The matter was adjourned until February 24.
HARTUP, Benjamin John, a 48 year old from Belltrees presented for a charge of drive with low range prescribed concentration of alcohol. The offence occurred on November 27 at approximately 12:33am on St Aubins Street, Scone, with a reading of 0.062. Mr Hartup has enrolled in traffic offenders program and his solicitor requested the matter he held over until after he finished the program. The matter was adjourned until February 23.
HACKSHAW, Jack William, a 19 year old from Darwin failed to appear for charges of special category driver drive with special range prescribed concentration of alcohol, licence expired less than two years before and drive with middle range prescribed concentration of alcohol. Mr Hackshaw had been convicted and the matter was dealt with in his absence. He was fined $500 for the first two matters and $800 for drink driving and disqualified from driving for 9 months.
JONES, Nigel Jones, a 32 year old from Scone appeared in court for breaching bond on two counts of possess prohibited drug. The drug possession charges related to 0.40 grams of ICE Amphetamine and cannabis. Magistrate Prowse took exception to Mr Jones’ behaviour while he was in court, “Do not put your thumb up as if we have some understanding or something along those lines! I can send you somewhere where you can impress people in a yard.” Magistrate Prowse then asked the police, “Do you have room over there today?” Police responded, “plenty your honour.” The Magistrate told Mr Jones to keep up his obligations under the parole service and cautioned “if I see you again because you have not been doing as you are told you’ll be more likely to go out the side door (to the cells) instead of the main door.”
KENNEDY, Becci Jane, a 40 year old from Scone attended court for a charge of drive with high range prescribed concentration of alcohol which occurred on November 11 between 9:50pm and 10pm on Kelly Street, Scone when she returned a reading of 0.190. Ms Kennedy said she was surprised at the reading considering the alcohol she consumed considering it was only two “Pure Blonde” full strength 375ml bottles and two self-pour glasses of champagne over a four hour period. Ms Kennedy sought advice from her general practitioner for any underlying medical conditions, which were inconclusive. The Magistrate noted it was her first offence, that she had completed the traffic offenders program and had entered a plea of guilty at the first available opportunity. Ms Kennedy was fined $750 and disqualified from driving for 6 months with an interlock device to be fitted for 24 months.
KIRBY, Kristopher Thomas, a 35 year old from Cooronbong had a charge of possess prohibited drug. The alleged offence occurred between 10:45pm and 11:25pm on December 12 in Aberdeen. The alleged drug was 0.1 grams of methylamphetamine.
MASON, Shane Andrew, a 44 year old from Hollydeen presented in court and pled not guilty to charges of destroy or damage property and holder of category A or B licence not have approved storage. The property included three engagement rings, one mobile phone, one glass door and other furniture and household items. Mr Mason was ordered to appear for hearing on January 20, with bail to continue.
MCINNES, Christina Elizabeth, a 32 year old from Muswellbrook had a charge of shoplifting, which was relating to one eyeliner and one box of tampons of a total value of $21 from Coles in Scone on November 27. The matter was adjourned until January 19.
MCKILLOP, Angus Bernard, a 21 year old from Mooloolaba made an appeal to the local court on a decision by Roads and Maritime Services to suspend his licence due to loss of demerit points. The appeal was allowed and the Magistrate told Mr McKillop to, “drive carefully and safely, thanks for coming.”
MCLOUGHLIN, Aaron James, a 23 year old from Muswellbrook pled guilty to a charge of special category driver drive with special range prescribed concentration of alcohol. The offence occurred on December 8 on Victoria Street, Murrurundi, with a reading of 0.043. Mr McLoughlin will complete the traffic offenders program and the matter was adjourned until February 23, 2017.
O’RANCE, Morgan, 23 year old from Werris Creek failed to appear on charges of exceed speed by 10km per hour, licence expired less than two years before, not comply with P2 licence condition not display P plates, enter enclosed land not prescribed premises without lawful excuse. Mr Morgan was convicted and fined $500 for exceeding the speed limit, $50 for not display P plates and convicted and fined $200 for entre enclosed lands.
PALMER, Carl Lincoln, 35 year old from Scone pled guilty on charges of drive with middle range prescribed concentration of alcohol and possess prohibited drug. The drink driving offence occurred on September 10 on St Aubins Street, Scone, with a reading of 0.142. Magistrate Prowse noted Mr Palmer had two readings in less than five years, with a high range drink driving charge in Newcastle in 2013. Mr Palmer was directed to complete 120 hours of community service work, disqualified from driving for six months and to have an interlock system for 24 months. Magistrate Prowse warned Mr Palmer if he drank and drove during that period he would “undoubtedly go to gaol.”
PRITCHELL, Ashlie Natali Alice, a 22 year old from Scone appeared in court and pled guilty to a charge of cultivate prohibited plan, which were three small cannabis plants, two measuring 25 centimetres in height and another 10 centimetres in height. Magistrate Prowse asked Ms Pritchell is she had anything to say for herself and she said “nothing.” To which the Magistrate said “oh well that’s good if you get the two years in gaol you’ll have two years to think about it.” Ms Pritchell responded that she was sorry, which Magistrate Prowse said was a “good start.” Ms Pritchell was directed to get a presentence report and the matter was adjourned until February 23.
REICHEL, Thomas Leslie, 24 year old from Parkville presented in court on charges including assault occasioning actual bodily harm, threaten to destroy/damage other persons property, two counts of common assault, stalk/intimidate intend fear physical harm, intimidate police officer in execution of duty without actual bodily harm, two counts of destroy or damage property and exclude person re-enter/attempt to re-enter premises. Bail was granted to Mr Reichel so that he could go into rehabilitation in Coffs Harbour and the matter was adjourned until January 19.
RILEY, Matthew John, a 31 year old from Parkville appeared on a charge of drive with middle range prescribed concentration of alcohol which is alleged to have occurred on November 4 in Main Street, Scone with a reading of 0.087. The Magistrate noted it was Mr Riley’s fourth drink driving charge and said, “you can start by telling me why you shouldn’t go to gaol!” Mr Riley said he would prefer not to go back to gaol, to which the Magistrate said “that was weekend gaol and that’s not what we are talking about, because weekend gaol had no impact on you and they don’t have weekend gaol anymore. Do you want a few moments to think about why you shouldn’t go to gaol?” To which Mr Riley said yes and the Magistrate said “good, turn around and look at the back wall, now don’t walk past it and we’ll see you soon.” When Mr Riley was called back he was told he “would not be gaoled today, we can do that on the 23rd of February if we need to.” Mr Riley was convicted, a presentence report was ordered and he was disqualified from driving.
ROBINSON, Blake Mark, a 26 year old from Aberdeen was on a charge of driver never licensed first offence. The Magistrate asked why after five months Mr Robinson had not had time to get a licence, “the story of Job the most patient man in the universe was based on me, but come March 23 we will be finishing this matter. Are you any good at acronyms, where the use letters to set out a series of words? Because NFA doesn’t describe your efforts so far it means no further adjournments, so come the 23rd of March don’t ask for whom the bell is tolling, because it is tolling for you!” Bail is to continue.
RUSSEL, Jason, a 33 year old from Scone was on charges of common assault and stalk/intimidate intend fear physical harm. The police prosecutor said they hoped they could adjourn the matter until March, to which Magistrate Prowse said, “that is the good thing about hope, it gives you something to crush.” The matter was adjourned until February 24, bail is to continue and no further adjournments.
RYAN, Lachlan Gerard, an 18 year old from Scone presented on a charge of special category driver drive with special range prescribed concentration of alcohol. The reading Mr Ryan is alleged to have returned was 0.021 in Oxford Road, Scone on November 13. He was ordered to complete the traffic offenders program and the matter was adjourned until January 19, 2017.
SAUNDERS, Benjamin Alan, a 25 year old from Glenmore Park did not appear on charges of behave in offensive manner in/near public place/school and resist officer in execution of duty at the Cassilis Rodeo Ground. The matter was adjourned until January 19.
SIMPSON, Jeanette Maree, of Murrurundi appeared in court on a charge of drive with middle range prescribed concentration of alcohol, which occurred on October 15 in Murrurundi, when she returned a reading of 0.101. Ms Simpson’s solicitor argued that in her role on a horse stud she was required to have a licence to properly care for horses which are very expensive. Magistrate Prowse mussed at the costs spent on the painted fences of the horse studs. “I’m not sure if it makes the horses better and the grass is mown within an inch of its life, it’s for people with an enormous amount of money with nothing to spend it on. When you say they are extremely expensive horses; no they’re not! They’re only expensive because some idiot has paid so much for them. People talk about the greyhound industry, but the horses turn into glue and dog food!” The solicitor argued that Ms Simpson would need her licence to get horses to the vets. However Magistrate Prowse said, “Wouldn’t she telephone the vet to come to them, so why does it matter?” To which it was explained sometimes they need to transport the animals into town for treatment. The Magistrate applied at 25% discount since Ms Simpson had pled guilty at the first available opportunity. She was suspended from driving, the charges were proven, with no conviction recorded and a nine month good behaviour bond.
SLONE, Kevin, a 50 year old from Muswellbrook appeared in court and pled guilty to a charge of drive with middle range concentration of alcohol. Mr Slone returned a reading of 0.102 on December 10 in Liverpool Street, Scone. He will complete the traffic offenders program and the matter adjourned until Feb 23.
STEPHENS, Tarnya, a 24 year old from Merriwa pled guilty to a charge of break and enter house etc steal value <= $60,000. The items from a place in Marquet Street, Merriwa included frozen pizzas, a cake and muffin tin, a black and grey jumper, a silver ring with a pink stone and a silver ring with a purple stone. The matter was adjourned for hearing on March 24. Bail is to continue.
SULKIN, Aaron, a 20 year old from Muswellbrook pled guilty to a charge of drive vehicle under influence of drugs including 0.01mg/l of amphetamine, 0.03mg/l of methyl amphetamine, 0.01 mg/l of ephedrine, 0.05mg/l of 3,4 methylenedioxya amphetamine, 0.019 mg/l of 3,4 methylenedioxy methylamphetamine and 0.006 mg/l doxylamine. Mr Sulkin’s solicitor noted there were other matters in the local Wyong court and asked for an adjournment to Wyong on Feb 15. Mr Sulkin was convicted and disqualified from driving. The Magistrate warned, “if you are charged with anything before the 15th of February you will be coming back to this court and that means from anywhere in the state of New South Wales!”
THOMAS, Kevin James, 57 year old from Aberdeen had charge of drive with middle range prescribed concentration of alcohol and possess prohibited drug. It is alleged a reading of 0.140 was returned on October 1 at Perth Street, Aberdeen. The matter was adjourned until July 22 after health appointments. The driving suspension continues.
TIBBEY, Sean Luke Terry, 28 year old from Scone appeared on charges including four counts of good suspected stolen in/on premises, enter enclosed land not prescribed premises without lawful excuse, two counts of licence expired less than two years before, Class A motor vehicle exceed speed 30 kilometres, two counts of use unregistered registrable class A motor vehicle on road, two counts of use uninsured motor vehicle, one count of drive recklessly/furiously or speed/manner dangerous, carry cutting weapon upon apprehension, possess ammunition without holding licence/permit/authority and possess prohibited drug. The matter was adjourned until February 24, 2017.
WALSH, Luke, a 21 year old from Scone had a charge of drive motor vehicle while licence suspended. Mr Walsh pled guilty and the matter was adjourned to January 19.
WILSON, Lee Anthony, a 27 year old from Denman appeared in court on a charge of drive with middle range prescribed concentration of alcohol. The offence occurred on December 3 on Vennacher Street, Merriwa. Mr Wilson returned a reading of 0.090. The matter was adjourned until February 23, so that Mr Wilson could complete the traffic offenders program. The Magistrate noted that he had previously completed the traffic offenders program and asked “what do you think you will learn that you didn’t know?” Mr Wilson’s solicitor George Fraser said it could perhaps reinforce those lessons. The Magistrate agreed that might be true, but clearly he didn’t learn at the past program, “so perhaps we will see the gaps in your knowledge and what Mr Fraser can make of that.” He was convicted and disqualified from driving.
WRIGHT, Leonie Jean, a 44 year old from Scone had a charge of detention application notice after breach. A breach was not established and it was dismissed.
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