Scone Court Report: March 2017

THIS month Magistrate Prowse said he would not be drawn on the topic of cuts to penalty rates on Sunday, explaining it was not in the remit of the court, but said he certainly took it into consideration during sentencing when the people who are paid the least are subjected to wage cuts.

Although no one who came before the court raised the matter with him, he was steadfast in resolve not to comment on the matter.

He took umbrage at a few people who were foolhardy enough to interrupt him and said “this is the only chance I get to speak uninterrupted, which is why I spend so much time at work and not at home.”

This month Magistrate Prowse also took the time to explain how good behaviour bonds were a cunning instrument of compliance.

He said some people were motivated by a carrot and others by stick and a good behaviour bond embodied both of those, a carrot because it was a chance to make amend and a stick because if they didn’t comply with the bond it would become a stick.

His most impassioned pondering related to the RMS’ decision to have the 50 kilometre speed zone extended so far south of the township and asked if the residents had created a petition to have it rectified.

ANDERSON, Darryl Edward, a 60 year old from Wutulla, Queensland had a charge of drive with middle range prescribed concentration of alcohol. On January 20, Mr Anderson allegedly returned a reading of 0.87 after being pulled over by police in Liverpool Street, Scone. Mr Anderson was given a good behaviour bond for 9 months with no conviction recorded.

ANDERSON, Leighton, a 48 year old from Davenport had a charge of destroy or damage property and enter enclosed land not prescribed premises without lawful excuse. The charges related to entering the land of the Aberdeen water towers on Graham Street, Aberdeen which is the property of Upper Hunter Shire Council and damaging telemetry level sensor cables on the high tower, padlock and door of the property at approximately 7pm on November 26, 2016. Mr Anderson was convicted in his absence and fined $900.

BANNATYNE, Beau-Dearne, a 18 year old from Lakesland had a charge of exceed speed by 20 kilometres an hour. Ms Bannatyne had completed the traffic offenders program and Magistrate Prowse asked, “what did you learn?” To which Ms Bannatyne explained the program had been valuable and involved meeting a quadriplegic, speaking with paramedics, the impact of not wearing a seat belt, blood and alcohol levels, speeding and fatigue. Magistrate Prowse noted Ms Bannatyne taught legal studies so asked her opinion on what sentencing should be, “noting that the death penalty has been abolished and so too flaying and floggings.” Magistrate Prowse lamented the role of the carrot and the stick in sentencing and decided to give Ms Bannatyne a six month good behaviour bond. Explaining it was designed both as an incentive for Ms Bannatyne not to speed and a stick that if she did speed she would breach the bond and need to return to court. She was further advised by Magistrate Prowse to drive away from the courthouse slowly.

BARRY, Dean, a 46 year old from Scone appealed a decision for immediate licence suspension. Mr Barry had been doing 94 kilometres in a 60 zone, but said it was near the end of the 60 zone. However Magistrate Prowse noted “your record of speeding is not your strongest leg at the moment.” Mr Barry will complete the traffic offenders program and the matter was adjourned until June 22.

BEAUCLAIRE, Cody Lee, a 22 year old from Blandford had a charge of drink driving in Murrurundi in July whilst on a P2 provisional licence. Ms Beauclaire returned a reading of 0.03 in July on the New England Highway in Murrurundi. Ms Beauclaire had completed the traffic offenders programme and was given a 10 month good behaviour bond. Magistrate Prowse warned Ms Beauclaire to “not make the mistake of coming back,” adding he hoped she had experienced “an awakening that would put your life of offending behind you.”

BORG, James Shane, had a charge of goods suspected stolen in/on premises relating to the purchase of a trailer. Magistrate Prowse said to Mr Borg that next time if he thinks something is too good to be true, it probably isn’t true. “If it looks like a duck and quacks like a duck, it is probably a duck!”

BURCHFIELD, Dale Edward, a 65 year old from Blandford appeared for hearing of a matter of use a mobile phone when not permitted  on the New England Highway at Blandford on August 17, 2016. Mr Burchfield represented himself and when asked to question a witness Magistrate Prowse had to instruct what an appropriate question technique was without giving the witness the answer in the question. “There are lawyers who can’t grasp the concept, in court we talk in archaic, artificial and constructing speech.” Mr Burchfield was found not guilty as passing the body of the phone to someone else to answer or look at does not constitute the definition of use of a phone.

CAMERON, Georgia Lynne, an 18 year old from Merriwa pled guilty to a charge of special category driver drive with special range prescribed concentration of alcohol. Ms Cameron will complete the traffic offenders program and return for sentencing on April 20.

CLARK, Benjamin James, had a charge of dangerous driving occasioning death – drive in a manner dangerous and negligent driving – occasioning death. The matter relates to the death of a motorcyclist on the New England Highway south of Scone in August last year. The matter was adjourned to Tamworth on May 10.

COLL, Sharyn Lea, a 55 year old from Aberdeen entered a plea of not guilty to a charge of wilful and obscene exposure in or near public place or school. The alleged offence occurred on February 2 at Nandowra Road, Aberdeen between 7:30pm and 8pm. The matter was adjourned for hearing on May 19.

COX, Robert Noel, a 52 year old from Waratah had 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. The matter was adjourned until May 18.

CUTMOORE, Christopher Bruce, had charges of damage property by fire valued at greater than $5,000 and less than $15,000 and break and enter house and steal a value of less than $60,000. Mr Cutmoore failed to appear on the charges and a warrant was issued for his arrest. Further the Magistrate said he was not to be granted bail and the matter was adjourned to Tamworth on May 10.

DAVIDSON, Lisa Anne, a 35 year old from Scone had a charge of dangerous driving occasioning grievance bodily harm  – drive in a manner dangerous and negligent driving – occasions grievous bodily harm which occurred in Wingen on December 27. Ms Davidson appealed a police ordered driving suspension on the basis that she is one of only two drivers of an emergency SES vehicle. Magistrate Prowse said the benefit to the greater community by allowing her to drive outweighed the suspension and the spension was lifted.

FENTON, Amanda Maree Louise, a 31 year old from Killarney Vale had a charge of novice driver drive with novice range prescribed concentration of alcohol, which occurred in Scone on February 25 when she returned a reading of 0.019. Ms Fenton said she needed a licence because she was a single mother with three children and travelled almost every weekend. Ms Fenton completed the traffic offenders program and said she thought it should be taught in schools. Magistrate Prowse noted she had been drinking Little Fat Lambs and said he had only heard of the beverage during matters in the Scone court, so enquired if it was a locally produced product. Ms Fenton said it was a product made in Melbourne. Magistrate Prowse said it was not the manner of Ms Fenton which brought her to the attention of police, there were no aggravating factors and she had taken steps to do the right thing by booking a hotel where she stayed that evening and had a late check out, but was still over the limit the next day. The matter was proven and dismissed and Ms Fenton was given a six month good behaviour bond.

FINLAY, Rosemary, a 79 year old from Scone, made an appeal to the local court of a decision of the Roads and Maritime Services after failing her driving test explaining the test was simulated for city driving. Ms Finlay wants a licence to drive in a 30 kilometre radius of Scone. The matter was adjourned until April 21.

HARDING, Jessica Jane, a 21 year old from Scone made an appeal to the local court for a decision made by the Roads and Maritime Services. Magistrate Prowse asked Ms Harding if she knew anything about signs, “because there was a great big filthy sign saying there was a fixed speed camera ahead!” Ms Hardin explained it was a mobile speed check, to which Magistrate Prowse said, “oh well they’ve got little signs saying speed camera ahead.” Magistrate Prowse noted one of the offences was south of Scone in the 50 kilometre zone, prompting him to ask, “has anyone thought of getting a petition together to change it to a 100 zone, or maybe just extend the 50 zone to Muswellbrook and be done with it?” Ms Harding will attend the traffic offenders program and the matter was adjourned until June 20.

HARDY, Adam, a 31 year old from Scone made an appeal to the local court of a decision by the Roads and Maritime Services to suspend his driver’s licence. Mr Hardy had completed the traffic offenders program and in eight months had not committed a further offence. Magistrate Prowse mused that perhaps there had been a behaviour changing influence but warned if Mr Hardy was to come under notice of the court again he won’t have anything left to say to help his cause. Magistrate Prowse allowed the appeal but cautioned “drive slowly!”

HARRIS, James Anthony, a 26 year old from Muswellbrook pled guilty to a charge of drive vehicle illicit drug present in blood, which was 0.006 mg/L of delta-9-tetrahydrocannabinol. Mr Harris’ solicitor, Mr Fraser, pointed out that Mr Harris’ mother was present in the court and “had had very stern interactions with him regarding his behaviour and his left ear seems to be slightly larger than his right ear as a result.” The Magistrate looked at Mr Harris’ ears and nodded approvingly. Mr Harris had attended the traffic offenders program. Magistrate Prowse noted Mr Harris did not come to the attention of police due to the quality of his driving and that Mr Harris had proactively told the police he may have drugs present in his system. Magistrate Prowse further noted that while police have the ability to test for drugs they don’t seem to apply that tool in a consistent manner. “I mean you can test for cocaine and imagine if they tested for traces of cocaine with drivers in the eastern suburbs of Sydney, traffic would come to a standstill! But I suspect they don’t test those drivers because there are not enough hire cars and limos to get them back to their mansions!” The matter was proven and discharged. Mr Harris was given a six month good behaviour bond.

HENLEY, Alexander Stuart, an 18 year old from Dural had a charge of drive while disqualified and cultivate cannabis. The matter was adjourned until April 20 where a plea must be entered.

MARK, Hicks, a 52 year old from Upper Rouchel had a charge of vehicle not comply with standard: seat belt. The matter was adjourned for hearing on April 21.

MOLLOV, Heidi Udilaya, a 36 year old from Scone appeared for hearing of a matter of not wear seatbelt properly adjusted/fastened in Scone on the New England Highway on October 28,2016. Ms Mollov maintained that she was adjusting the seatbelt as it had tightened. Although the seatbelt was fixed the offence was proven because the offence indicated not properly adjusted. The offence was proven and dismissed under section 10.

JARVIS, Warren Frank, a 54 year old from Turill had four charges of possess unauthorised firearm, four counts of possess unregistered firearm not prohibited firearm/pistol and one count of possess ammunition without holding licence/ permit / authority. A presentencing report was ordered and the matter was adjourned to Mudgee on April 19.

JOLIFFE, Benjamin John, a 35 year old from Cameron Park had a charge of take and drive conveyance without consent of owner, enter dwelling, take and drive conveyance without consent of owner, possess prohibited drug and never licensed person drive vehicle on road prior to offence. The matter was adjourned to Newcastle on April 5.

KILROY, Corey John, a 21 year old from Scone had a charge of destroy or damage property less than $2,000. Mr Kilroy failed to appear in court and a warrant was issued for his arrest.

MCBAIN, Jamie Mark, a 27 year old from Scone entered a plea of not guilty to a charge of destroy or damage property. The offence occurred at the Golden Fleece Hotel on December 23 when Mr McBain broke 40 beer glasses. The publican said he threw glasses at bar staff and broke glasses in the sandpit. The matter was adjourned until July 21 for hearing.

MEAD, Paul William, from Tamworth had a charge of drive motor vehicle during disqualification period. The matter was adjourned to March 27 in Tamworth.

MOLLER, Sarah, a 23 year old from Budgewoi made an appeal to the court of a decision of the Roads and Maritime Authority. Ms Moller must attend court on May 18 or the appeal will be dismissed.

MUDGE, Bradley Raymond, a 39 year old from Tamworth had a charge of drive vehicle under the influence of drugs. The alleged offence occurred on June 7 at Wallabadah where Mr Mudge returned a reading of being under the influence of 0.01 mg/L of amphetamine, 0.30mg/L of methylamphetamine and 0.01 mg/L of morphine. The matter was adjourned until June 22.

PTICHELL, Ashlie Natali Alice, a 22 year old from Scone had a charge of cultivate prohibited plant. The matter was adjourned until June 22.

ROBINSON, Blake Mark, a 26 year old from Aberdeen had a charge of driver never licensed. Magistrate Prowse enquired as to why Mr Robinson did not have a drivers licence, to which Mr Robinson explained he had failed the computer test. Magistrate Prowse asked which questions he was having trouble with and Mr Robinson said the last 10 questions, which his solicitor Mr Fraser described as the “sudden death” questions. Magistrate Prowse said he accepted Mr Robinson had made a valiant effort to get a licence and accepted something was causing Mr Robinson not to pass the test. “Accepting that not everybody is able to do a computer test and has the capacity to do them and even those of us who do, it depends on how the question is framed and if it was what the question was meant to be, one size does not fit all.” The matter was proven and dismissed. “Perhaps once the pressure is off you may get the licence, but until then don’t drive.”

ROBINSON, Amber Cody did not appear and the matter was adjourned to April 20.

RUEGG, Samantha, a 36 year old from Ruse pled guilty to a charge of class a motor vehicle exceed speed by less than 30 kilometres an hour, which was 84 kilometres in a 50 kilometre zone. The area where the offence occurred was south of Scone before the 100 kilometre zone. Ms Ruegg had attended a funeral that day and said she was not as attentive as she could have been. Magistrate Prowse said “that area is well known for detections and I can understand how people driving out of Scone see no vestige of civilisation there except for the odd lonely sheep and increase their speed to 100, but for reasons only known to the RMS, which anyone else with half a brain should determine is not appropriate it is 50 kilometres and I accept your attention may have been distracted due to the unfortunate event you attended.” Magistrate Prowse further asked what Ms Ruegg did for a living and Ms Ruegg explained she worked in hospitality. Magistrate Prowse asked if she worked Sundays and Ms Ruegg said she did. Magistrate Prowse said he refused to be drawn on the issue of cuts occurring to penalty rates on Sunday as it was not the place of the court to do so, but took her pay cut into consideration with sentencing. The matter was proven, Ms Ruegg was convicted and fined $200.

SIEVERS, Natalie Clare, a 30 year old from Scone had a charge of destroy or damage property. The matter was adjourned until May 18.

TIBBEY, Sean Luke Terry, a 28 year old from Muswellbrook appeared on charges of enter enclosed land not prescribed premises without lawful excuse, two counts of licence expired less than 2 years before, two counts of use unregistered registrable vehicle on road, one count of use uninsured motor vehicle and one count of possess ammunition without holding licence/permit/authority. Mr Tibbey’s solicitor said he was completing a rehabilitation program and the matter was adjourned until April 20 in Scone.

UMBACK, Benjamin Luke, had a charge of class A motor vehicle exceed speed by greater than 45 kilometres an hour. The matter was adjourned until April 11 in Tamworth.

WATERS, Nathan, a 23 year old from Muswellbrook pled guilty to a charge of dishonestly obtain financial advantage by deception. Mr Waters had used another person’s credit card to gamble, to the value of $920. Magistrate Prowse asked how he became drawn into the idiocy of gambling and what steps he had taken to stop gambling. Mr Waters said he had deleted the application from his phone, had seen a psychologist and repaid the money taken. Magistrate Prowse asked if Mr Waters was familiar with the bible, to which Mr Waters responded he was and he was Catholic. Magistrate Prowse was surprised by this saying, “well the Catholics were not allowed to read the bible which is why it was in Latin it was only later during the proclamation when the protestants started printing it in English for anyone to read that people started being able to read the bible, so it is a fair question if especially if you are catholic if you are familiar with the bible, anyway there is a line in there ‘by their actions you shall know them’ and that is how we will know if you are sincere, through your actions.” The matter was adjourned until November 23.

WATTS, Logan Bradley, a 20 year old from Scone pled guilty to a charge of drive with low range prescribed concentration of alcohol. Mr Watts will complete the traffic offenders program and the matter was adjourned for sentencing on April 20.

WRIGHT, Leonie Jean, a 43 year old from Scone appeared on hearing for shoplifting. Ms Wright had taken a lip balm with the intent to permanently deprive the shop. Ms Wright then paid full price for an item that was actually on sale and realised after she returned home and decided this was karma. Magistrate Prowse noted that the definition of karma can change from week to week. Ms Wright was found guilty and convicted under section 10A.

Read: Scone Court Reports – Previous.