Scone Court Report: October 2017

THIS month Magistrate Prowse asked what a glow stick party was, to which a solicitor explained it was a party with electronic style music and glow sticks. Magistrate Prowse asked further about glow sticks and after they were explained he mused, “so you look like you’ve just come from Chernobyl”.  The solicitor asked not to have to make the sound of the electronic style music. Also of note was Magistrate Prowse’s analogy for having an argument without legs was described to a person who came before him as like being “a centipede in a wheelchair, that is without any legs!”

Matters before Scone court this month included:

ANDRAWES, Maged, a 52 year old from Tregear appeared for hearing on licence expired less than 2 years before. When asked if Mr Andrawes knew his licence had expired, he said he wasn’t even aware he needed a licence. After a few questions, Magistrate Prowse stopped proceedings and told Mr Fraser, Mr Andrewes solicitor, that there had been an oversight which he would like to correct. Mr Fraser agreed; at which point Magistrate Prowse began to swear in the witness, to the amusement of the court. Mr Fraser said in his enthusiasm he had overlooked this important procedure. Magistrate Prowse agreed he was also probably swept up in that same enthusiasm, the prosecution seemed amused and did not object to how the Magistrate remedied the situation applying the oath for the testimony in retrospect. The matter was proven and dismissed under section 10.

AMIDY, Joshua Paul, a 40 year old from Merriwa entered a plea of guilty for a charge of drive with middle range prescribed concentration of alcohol. On September 21 between 12.30pm and 12.40pm Mr Amidy returned a reading of 0.96 when he was breath tested on Macartney Street, Merriwa. A pre-sentence was ordered, his licence remains suspended and the matter was adjourned until December 21.

ARCHIBALD, Rilee Shae Tiahorangi, a 23 year old from Tamworth had a charge of drive motor vehicle while licence suspended. The matter was adjourned until October 30 in Tamworth.

ATKINSON-NICHOLSON, Katherine Mary Louise, a 22 year old from Murrurundi made an appeal against a decision by the Roads and Maritime Services. Mr Diggins said it was her first and only offence, when she was detected by a speed camera at Botany. Magistrate Prowse said he understood how you could drive through Botany and be side tracked, “by all those containers stacked on top of one another, or a plane taking off, or another body being dug up after Neddy Smith coughed up where it is.” However Magistrate Prowse also said it seemed odd Ms Atkinson-Nicholson was unable to remember if it was a fixed speed camera or a mobile speed camera. Mr Diggins explained that it was the first time Ms Atkinson-Nicholson has driven along that road. Magistrate Prowse took into account that Ms Atkinson-Nicholson had completed the traffic offenders program, said he understood with all the traffic in the location that she may have missed the sign the camera was coming up, especially since she was unfamiliar with the area. He described it as a one-off matter as there was nothing else on her record and did not appear to be deliberate. Appeal was dismissed but the suspension was limited to rising of the court.

BIRCH, David John, a 66 year old from Aberdeen pled guilty to a charge of drive with low range concentration of alcohol. The alleged offence occurred in Scone on the New England Highway on September 23 at 12:01am when Mr Birch returned a reading of 0.072. Mr Birch will attend the traffic offenders program and the matter was adjourned until November 23.

BLAYDEN, Matthew James, a 37 year old from Murrurundi appeared in custody for sentencing on charges of common assault, enter dwelling with intent to destroy or damage property, damage property by fire or explosive and larceny on June 18 in Murrurundi. Magistrate Prowse noted that in Mr Blayden’s pre-sentence report he “continued to blame the victim and failed to accept responsibility for his behaviour.” Magistrate Prowse also highlighted how you didn’t need to physically touch someone for it to be assault, giving the example of a bank robbery. “Most bank robberies there is a gun but nobody gets touched, but sticking a shotgun in someone’s face is called assault, even though they haven’t been touched. If someone is terrified by you it clearly shows your actions and behaviours have instilled fear, it just has an added component to it when you grabbed her.” Magistrate Prowse said victim blaming should belong to a bygone era, “you continue to blame the victim that your behaviour was her fault, you’d have to be as thick as two planks to come up with that….your behaviour is your fault. If you don’t change your mind set and your ways, you’ll be going to gaol for a longer and longer time, but it also means there will be more victims.” Mr Blayden was sentenced to a total of 20 months gaol with 12 months non-parole.

BROOMFIELD, Graeme Arwa, a 31 year old from Scone was appealing a decision by the Roads and Maritime Services. Magistrate Prowse noted Mr Broomfield had completed the traffic offenders program but also noted “there are only about two offences in over 300 road rules you haven’t breached yet! Mr Fraser (Mr Broomfield’s solicitor) has a hard enough job to do without you adding to it. Drive lawfully just to see what it feels like.” Mr Broomfield will attend the traffic offenders program and the matter was adjourned until November 23.

CARRIGAN, Thomas James, a 32 year old from Nandowra pled guilty to a charge of not comply mass requirements – operator – substantial risk. Mr Carrigan’s truck was weighed at the Scone saleyards on June 19 and found to be overweight. Mr Carrigan said the farmer did not have scales and so they had guesstimated the weight of the cattle to be between 480 and 500 kilos each and intended to load 50, but only loaded 48. Magistrate Prowse asked what kind of cattle they were, to which Mr Carrigan responded they were Angus in a light condition. The Magistrate asked if he had run his hand over the cattle “because that is one way of working it out, if they are fat you won’t be able to feel their back bone and their pelvic bones?” To which Mr Carrigan said he had not. Magistrate Prowse cautioned not to believe farmers about how much their cattle weigh. “You would have been better to do two trips.” Mr Carrigan said he had since done a day long course in livestock loading and can now legally carry that amount of weight. Magistrate Prowse asked how much the course cost and Mr Carrigan responded that it was $200. Magistrate Prowse suggested that he should have estimated each to weight 450 kilograms and asked Mr Carrigan why he may estimate that amount, to which Mr Carrigan said he wasn’t sure. Magistrate Prowse explained that the average weight for feedlots was 450kg. In summing up the Magistrate said he had considered Mr Carrigan had entered a guilty plea at the first available opportunity, had been severely misled by the farmer, was nothing more than four or five cattle in weight difference and by undertaking the course was now better aware of assessing weight and could now carry that weight anyway. The matter was proven and dismissed.

CECHVALA, Radim, a 38 year old from Cabramatta had a charge of motor vehicle exceed speed less than 10 kilometres – camera detected. The offence occurred on May 9 on the New England Highway near Blandford at approximately 4:02pm. The matter was dismissed with no conviction records.

CUNNEEN, Sheree Lisa, a 33 year old from Scone had three counts of shoplifting and one count of enter enclosed land not prescribed premises without lawful excuse. The matter was adjourned until December 21.

DAVIS, Khenan Pererika, a 19 year old from Scone had charges of drive licence suspended under section 66 fines act, enter enclosed land not prescribed premises without lawful excuse, drive with low range prescribed concentration of alcohol, destroy or damage property and assault occasioning actual bodily harm. The alleged offence of intentionally destroy property related to the glass window of the property Sew Scone Clothing Store between 12:25am and 12:29am on September 30. The alleged drive with low range concentration of alcohol occurred in Aberdeen Street, Scone on September 8 between 11pm and 11:20pm when Davis returned a reading of 0.068. The matter was adjourned until November 23.

FERFOGLIA, Nicolas, a 25 year old from Scone had a charge of be carried in conveyance taken without consent of owner. The alleged offence occurred on June 15 in Scone between 2:45 and 9am when he took a Toyota Hilux without the consent of owner Jason Russell. Mr Ferfoglia failed to appear and a warrant was issued.

FERNANDEZ, John, a 44 year old from Wingen had an application by police to the court to dispose of surrendered or seized firearms. Mr Fernandes will be reapplying for his licence. The matter was adjourned until January 18, 2018.

GODBOLD, Tracey Lee, a 32 year old from Merriwa was convicted of charges of drive with high range prescribed concentration of alcohol and never licenced person drive vehicle on road. The alleged offence occurred on September 30 at approximately 3:05am on Bettington Street, Merriwa, when Ms Godbold returned a breath test reading of 0.163. The matter was adjourned and an intensive correction order was requested. Magistrate Prowse said there was no other penalty other than going to gaol and the question was now if it is to be served in the community by intensive correction order or in gaol.

HANCOCK, Mitchell James, a 34 year old from Stockton had a charge of disobey keep left unless overtaking sign- motor vehicle. The alleged offence occurred on July 16 at Aberdeen on the New England Highway. The matter was adjourned to Newcastle court on November 10.

HAMES, Toby Lee, a 28 year old from West Tamworth appeared in custody on charges of bring/introduce syringe into place of detention and break and enter house etc steal value less than $60,000. The syringe was found on April 22, 2016 when Mr Hames was in Newcastle Court corrective services cells. “You can’t possibly forget that there is a syringe in your underwear, I didn’t come down in the rain that is falling now,” said Magistrate Prowse. Mr Hames was convicted and sentenced to 4 months prison and “the implement to be destroyed if anyone can find it”, said Magistrate Prowse.

HARRIS, Dallas Gary, a 39 year old from Muswellbrook had a charge of driving while licence suspended at 6:02pm on June 3, on Liverpool Street, Scone. The matter was adjourned until November 23, when a plea must be entered.

HEYCOX, Patrick William, 44 year old from Cassilis had charges common assault and possess prohibited drug. Mr Heycox was alleged in possession of 1.2 grams of cannabis on August 25 between 3:15pm and 4:30pm in Cassilis. The matter was adjourned until December 21.

CORRECTION: The initial court report stated Mr Heycox had other charges. It was a clerical error made by scone.com.au which listed charges for Mr Hobson under Mr Heycox’s name.

HOBSON, Phillip, a 28 year old from Moonan Flat appeared on charges including stalk/intimidate intend to cause fear physical harm, contravene prohibition/restriction in apprehended violence order, two counts of common assault and one count of destroy or damage property. The alleged damage to property was of a bookcase between 10:30pm on September 25 and 11pm on September 26. The matter was adjourned until November 24.

HOLMAN, Jodie Louise, a 24 year old from Murrurundi appeared for sentencing on a charge of exceed speed 10 kilometres – radar. The offence occurred on April 25 in Kelly Street, Scone when Ms Holman was travelling at 79 kilometres an hour in a 50 kilometre and hour zone. Ms Holman’s solicitor Mr Fraser listed her community involvement, including that she plays rugby 9’s and rugby league. When Magistrate Prowse heard she played rugby league he said he case had improved markedly. Magistrate Prowse asked what position she played and Mr Fraser said it was winger. Magistrate Prowse mused, “that’s why she was going so fast.” Ms Holman said the traffic offenders program had ‘opened her eyes’ and Magistrate Prowse said, “do you know what I get to see on a regular basis? Open eyes.” Magistrate Prowse asked Ms Holman why that would be the case and she responded because he was the coroner. “Yes, on dead bodies, one of the things they do when you have carked it is they open the eyes and take a photo. They are cold, fixed and starring. I don’t want your eyes to be open permanently, I just want you to be aware of where you are.” The case was proven, discharged and a section 10 good behaviour bond for nine months was imposed.

JOHNSON, Bradley Philip, a 39 year old from Aberdeen had a charge of drive motor vehicle while licence suspended. During the hearing Senior Constable Sean Cloake from Scone Police recounted pulling Mr Johnson over for a random breath test and finding during record checks that Mr Johnson’s licence had been suspended. Snr Con Cloake claimed Mr Johnson told him he had been ‘running the gauntlet’ because he needed his licence to get to work. During questioning of Senior Snr Con Cloake, the Crown argued Mr Johnson’s solicitor Mr Betts was badgering the witness, however Magistrate Prowse said he believed Snr Con Cloake was ‘doing quite well’ but noted he hoped Mr Betts would get to a relevant point soon. On the stand Mr Johnson denied saying he was ‘running the gauntlet’ and also said he did not know his licence had been suspended. The Crown asked Mr Johnson if he had notified the Roads and Maritime Services of his change of address, to which Mr Johnson conceded he had not, but said he had placed a mail redirection each time he had moved. In summing up the Magistrate said it was not Mr Johnson’s job to chase up the RMS and said he was not satisfied beyond a reasonable doubt that Mr Johnson was aware his licence had been suspended and dismissed the court attendance notice.

JOHNSON, Nicholas Rowney, a 27 year old from Scone had a charge of drive with high range prescribed concentration of alcohol. Mr Johnson is alleged to have returned a reading of 0.198 in Macqueen Street, Aberdeen on July 29 between 1:15am and 1:30am. Magistrate Prowse once again expressed his disillusionment with the lack of ‘plan’ in a psychiatrists report, “it’s a bit like saying we are going to Moscow, so we should walk that way, but you don’t go to Moscow during winter and Napoleon learnt that lesson because he didn’t have a plan!” Magistrate Prowse read from Mr Johnston’s statement noting he returned a reading of 0.198 and when asked about it he said he “was driving for the sake of driving, which would mean Mr Johnson was considering time in custody.” Magistrate Prowse said it seemed to be an accepted Australian male coping mechanism to drink themselves into a stupor. The matter was adjourned until December 21.

KING, William Reuben, a 34 year old from West Tamworth had a charge of contravene prohibition/restriction of apprehended violence order. It was found there was no prima facie case.

LAMM, Frederick John, a 25 year old from Scone appeared for hearing on drive with middle range prescribed concentration of alcohol. The matter was adjourned until December 21.

MCDONALD, Robert John, a 55 year old from Hillvue had a charge of exceed speed 10 kilometres – camera detected. Initially Mr McDonald refused to identify himself, so Magistrate Prowse continued with other proceedings. Later Mr McDonald said he didn’t consent to the proceedings and Magistrate Prowse said “well then you can leave.” Mr McDonald questioned the legitimacy of the court and Magistrate Prowse to deal with a living person, to which Magistrate Prowse said, “I also deal with dead people.” Magistrate Prowse asked how many people were in the car with Mr McDonald when the alleged offence occurred and Mr McDonald said there were two. Magistrate Prowse asked what he was doing on December 22 and Mr McDonald said he was free. The matter was adjourned for hearing on December 22.

MCLAREN, Neil, a 46 year old from Scone made an appeal to the local court on a decision by the Roads and Maritime Services. Mr McLaren said he hoped the traffic offenders program would change his ways. Magistrate Prowse said, “hope is a fabulous thing it is usually the last thing to be crushed, I am going to need more than hope.” Magistrate Prowse questioned, “what was impact you thought might occur doing 102 in a 60 zone?” Mr McLaren had been exceeding the speed limit in his own street, where he estimated there were five other houses. Magistrate Prowse asked, “which of them do you want to kill first? How did you predict who was about at that particular time of day? It’s not like you are not on the outskirts of town giving it the hammer on the way out, you were actually offending in the community to live. Postal surveys are popular at the moment, should we have a postal survey of your street if you can keep your licence? Why should you have your licence appealed?” Mr McLaren said he had to drive to Beresfield to pick up his children. Magistrate Prowse asked a note be made for the highway patrol to make a regular check on Mr McLaren’s street and to perhaps tell everyone in the street to let the highway patrol know if he falls back into his old habits. The appeal was allowed and Mr McLaren was told to “go away slowly and don’t make the mistake of coming back.”

MORTON, Taylor James, a 25 year old from Scone pled guilty to a charge of drive with low range prescribed concentration of alcohol. The offence occurred on August 18 between 8:17pm and 8:43 pm in Liverpool Street, Scone when Mr Morton returned a reading of 0.068). Mr Morton had completed the traffic offenders program. Mr Morton’s solicitor, Mr Betts said Mr Morton had been celebrating the end of the week with friends over a few drinks, to which Magistrate Prowse asked why he was celebrating the end of the week and why that must occur every week? Mr Betts said many people did this at the end of the week. Magistrate Prowse said he couldn’t relate and said the only good thing about Friday was it was only two days away from Monday. Magistrate Prowse said he looks forward to Mondays. Magistrate Prowse noted, “it was the quality of your driving which brought you to the attention of police, you lost control of the vehicle at a round-about and colliding with a guide rail.” However, he also noted Mr Morton mentored young people in cricket, “the terminal boredom that sets in at one minute past 1 one and to be able to mentor these young people to cope with excruciating boredom is good, but in addition to that you contribute to the community by holding down a good job.” Magistrate Prowse said Mr Morton had made good decisions previously by arranging other people to drive. Mr Morton was given a twelve month good behaviour bond with a condition not to drink alcohol. “Don’t make a mistake off coming back,” warned Magistrate Prowse.

NEALE, Keith Warren, a 62 year old from Scone pled guilty to charges of use uninsured motor vehicle. Magistrate Prowse said he was satisfied the vehicle was now insured. The matter was proved and dismissed.

PALMER, Carl Lincoln, a 36 year old from Scone had a charge of drive with middle range prescribed concentration of alcohol. The offence occurred on September 10 at approximately 12:15-12:20am in St Aubins Street, Scone, when Mr Palmer returned a reading of 0.142. Magistrate Prowse asked Mr Palmer if he remembered the consequence he had warned him of last time he appeared in court. Mr Palmer said, “yes sir, gaol.” Mr Palmer was sentenced to 8 months gaol, with 4 months non-parole. Later that day Mr Palmer returned to apply for bail, but it was refused.

PRINGLE, Damon Grahame, a 44 year old from Scone had three counts of possess prohibited drug, one count of good suspected stolen on premises, goods suspected stolen given other not entitled and furnish false information/statement to licensee. Mr Pringle had fresh charges because he had breached his good behaviour bond, in relation to offences committed on May 25 last year. The matter was adjourned until November 23.

SINGLETON, Mark Andrew, a 41 year old from Gundy appeared and pled not guilty to two charges of assault occasioning actual bodily harm which are alleged to have occurred on November 20, 2016 and February 14, 2017, two charges of common assault and one of destroy or damage property less than $2,000, which relates to a Toyota Corolla. The matter was adjourned until November 24 with bail to continue.

WALTERS, Nathan John, a 38 year old from Cessnock had a charge of licence expired less than 2 years before. The alleged offence occurred at Merriwaon October 1. The matter was adjourned to Cessnock on November 8, where a plea must be entered.

WATTS, Logan, a 21 year old from Scone had a charge of possess prohibited drug. Mr Watts was at a “glow stick party” at the Belmore Hotel on August 5, when police entered with the drug dog Angel. Police saw Mr Watts leaving the male toilets with a friend when “the accused looked at police and indicated to his mate that he had to go back into the toilets.” Police reached Mr Watts before he reached the cubical and Mr Watts admitted to having “just a bud”. Mr Watts was found to be in possession of 0.3 grams of cannabis. The matter was proven and dismissed with the drug to be destroyed.

WHITE, Zeph, a 22 year old from Chittaway Bay had a charge drive vehicle under influence of drugs. Mr White was represented by Angus Harrowell. During proceedings Magistrate Prowse realised he had been mispronouncing Mr Harrowell’s name and apologised, referencing George Brandis’ recent mispronunciation of his colleagues name Richard Di Natale. Mr Harrowell said the mispronunciation didn’t bother him, however Magistrate Prowse insisted “on the rare occasion that I apologise this side of the birth of Queen Victoria, you should take it.”  Mr White was driving on the New England Highway from Newcastle when he was stopped in Scone by police. Magistrate Prowse noted in Mr White’s statement that he had told police, “I last used ice ad weed two days ago, I’m fucked, I feel fucked.” Magistrate Prowse was incensed that Mr White had driven such a long distance on such a busy road, “the New England Highway is infested with trucks and resplendent with caravans the bane of every traffic user, only to be met with someone who is stoned out of your eyeballs like you. It is a long distance and you were significantly affected, if you presented this bag at Scone you can just imagine what you were like closer to Newcastle.” Magistrate Prowse noted Mr White had been in rehabilitation for two months and that his employer spoke highly of him, “so there is a greater period of time spent on parole than would otherwise have been the case.” Mr White was sentenced to eight months gaol, with a three month non-parole period. His licence ws disqualified for eight months and there is a 24 month interlock period. Mr White returned later to apply for bail and his solicitor argued he was not a flight risk. Bail was refused.

WILLIAMS-EDMISTON, Louisa, a 20 year old from Merriwa appealed a decision by the Roads and Maritime Services. Ms Williams-Edmiston will complete the traffic offenders program and the matter was adjourned until December 21.

WOODWARD, Andrew Kenneth, a 21 year old from Murrurundi had a charge of drive with high range prescribed concentration of alcohol. The offence occurred on August 20 at approximately 12:05am on Duri Road in South Tamworth, when Mr Woodward returned a reading of 0.150. A pre-sentence report was ordered and the matter was adjourned until November 23.