Scone Court Report: April 2018

MAGISTRATE Prowse was back on the bench this month, as the visiting Magistrate and had an overflowing court room since court did not sit last month. Magistrate Prowse was true to form with his own brand of justice and colourful analogies to illustrate points. Of disappointment to him was that since the coronial inquest last year into two deaths, there had already been another death on the level crossing rail line in Scone.

 ABBOTT, Susan Elizabeth from Scone appeared for a hearing on two charges of rider not wear approved bicycle helmet/fitted/fastened. The statements were tendered without objection and the facts were not contested by Ms Abbott. Ms Abbott proclaimed her defence was one of necessity for climate change matters and it is her social responsibility to protest against the flawed law and turned to the judiciary for the matter to be publicly heard. Ms Abbott stated that helmets are not recyclable and replaced every 2-3 years adding to landfill.  Ms Abbott disclosed to the court her public appointment as a shire counselor and appreciated she had a position as a role model and was seen as a law breaker, Ms Abbott also stated she has stopped riding her bike as the police were contacted when she did so.  Ms Abbott saw this as a loss to her, the planet and her community. Magistrate Prowse stated that there was no evidence to refute the charges but noted that perhaps Ms Abbott’s considerable talents may be used to develop a “green” helmet. A fine of $300 for each offence was given for each offence and the process of appeal to higher courts was also explained.

ANNECCHINI, Sandra Melissa, a 39 year old from Tamworth had charges of drive vehicle, illicit drug present in blood and custody of knife in public place. The matter was adjourned to be mentioned in Tamworth on May 14.

BLACKADDER, Taylah, a 20 year old from Merriwa made an appeal against a decision by the Roads and Maritime Services. The matter was adjourned until May24.

BROWN, Timothy Joseph, a 29 year old from Kahibah had a charge of drive, licence suspended under section 66 of the fines act on March 6 this year. The matter was adjourned for mention in Newcastle on June 4.

COLLIE, Georgia, a 22 year old from Aberdeen pled guilty to a charge of drive with low range prescribed concentration of alcohol in Scone on February 17 returning a reading of 0.064. Magistrate Prowse cautioned Ms Collie to “avoid the incideous muck called vodka”, and recommended “don’t have anything to drink between now and then, you don’t need to get yourself into any further strife, you’re in enough as it is.” The matter was adjourned until June 21.

CONDELLO, Phillip, a 33 year old from Tamworth had two charges of posses prohibited drug and one charge of custody of a knife in public place. The matter was adjourned to Tamworth on May 8.

COOPER, Mathew Peter, a 37 year old from Murrurundi  had  a charge of drive motor vehicle during disqualification period – second offence. The matter was adjourned until May 24.

COX, Dalton Henry, a 20 year old from Scone pled guilty to three charges of dishonestly obtain property by deception and not guilty to one count of behave in offensive manner in/near public place, aggravated deposit litter and break bottle/glass/syringe in public place. The matter was adjourned until June 21.

CRAGG, Michael, a 32 year old from Elong Elong entered a written plea of guilty to a charge of dishonestly obtain property by deception being $40 of petrol in Merriwa in May last year. Magistrate Prowse reviewed Mr Cragg’s record and said, “when he comes before the court he can explain why he is an habitual offender.”

CUTRUPI, Mark Anthony, a 32 year old from Muswellbrook had a charge of drive licence suspended under section 66 of the fines act. The matter was adjourned until May 7 where a plea must be entered.

DUGGAN, Peter John, a 45 year old from Merriwa had a charge of drive with low range prescribed concentration of alcohol in Scone on December 8 last year returning a reading of 0.055. Magistrate Prowse noted that Mr Duggan had had three opportunities to come before the court and had seized none of them. He asked Mr Duggan why he had not appeared previously. Mr Duggan recounted a list of things which were wrong with his car, prompting Magistrate Prowse to say, “it sounded more like you should have taken it down the paddock and shot it.” Mr Duggan said if he had another car to use, he would have. Magistrate Prowse noted police had reported Mr Duggan had admitted to drinking one and a half beers before coming to court at 10am. Mr Duggan said he “had a problem with water…I don’t like it.” Magistrate Prowse asked if Mr Duggan understood beer was a diuretic, “the fact that you are drinking beer in the morning generally indicates you are an alcoholic; I think you should go and see someone like your GP. You’ve got one more chance,” said Magistrate Prowse. Mr Duggan will complete the traffic offenders program and the matter was adjourned until June 21.

FARMER, Neil Edward, a 54 year old from Singleton Heights had a charge of driver use mobile phone when not permitted. Mr Farmer was convicted under S10A.

FERNANDEZ, John, from Wingen had a matter against an application for disposal of surrendered or seized firearms. Magistrate Prowse noted the many times the matter had come before the court and granted the application.

FRASER, Alison Clare, a 35 year old from Scone had a charge of use unregistered vehicle class A on road from an incident in Aberdeen in December last year. The matter was set for hearing on July 7.

HANCOCK, Jessica Margaret Ann, a 31 year old from Scone pled guilty to a charge of exceed speed more than 10 kilometres an hour from an alleged speed of 116km/h on December 24.  Ms Hancock’s solicitor, Mr Fraser, explained the lack of public transport in the area, meant it was difficult for Ms Hancock to go to work. Magistrate Prowse quipped, “there is actually a train that runs right through the middle of the town and keeps killing drunk people! I was amazed that it has already happened again since the coronial.” In considering the sentence for Ms Hancock, Magistrate Prowse pondered if he would be still be around in a year, and thought he might be, so decided to adjourn the matter for a year rather than impose a good behavior bond. His “cunning plan” was that the “proof of the pudding will be in the eating”, or “by your actions shall you know them” adding one last analogy, that it would show “if this is more than crocodile tears.” The matter was adjourned to Muswellbrook court on May 3, 2019.

HARRIS, Dallas Gary, a 40 year old from Muswellbrook failed to appear on a charge of drive while licence cancelled – second offence and a warrant was issued for his arrest.

HAY, Brendan Roland, a 25 year old from Wamberal appeared on charges of drive with low range pca, exceed speed by more than 30km/h and use light vehicle not comply with tail lights standard. Mr Hay pled guilty to low range pca and lights not comply, not guilty to speed more than 30km/h but did plead guilty to the police ammeded charge of less than 30km/r. The Traffic Offenders Programme will be undertaken and the matter was set for sentence at Gosford on June 15.

HEYCOX, Patrick William, a 45 year old from Merriwa had a charge of drive with low range prescribed concentration of alcohol – second offence in Mudgee on December 20 returning a reading of 0.55. Mr Heycox has  enrolled in the traffic offenders program and the matter was adjourned until June 21. Magistrate Prowse noted “there will be no further adjournments.”

HOGAN, Andrew Justin, a 42 year old had a charge of drive vehicle, illicit drug present in blood – second offence in Scone on December 8 where it is alleged he had methylamphetamine. The matter was set down for hearing in Tamworth on June 26.

HOOPER, Daniel James, a 24 year old from Scone had charges including destroy or damage property on February 16 and use carriage service to menace/harass/offend March 19. The matter was adjourned to Singleton on April 24.

HOULTON, Jesse Gary John, a 25 from Wollar did not appear as he was in custody elsewhere, he has charges of assault occasioning actual bodily harm, stalk/intimidate intend physical harm, destroy or damage property and common assault. The hearing was set for May 25.

JEFFRIES, Penny, a 56 year old from Scone had a charge of drive with high range prescribed concentration of alcohol. The prosecution argued that a high range drink driving offence should carry a strong message to the community about the seriousness of the offence and serve to protect the community. Magistrate Prowse mused the concept of deterrence with the prosecution remarking that “even God gave a deterrence not to eat an apple and as soon as he turned around the next thing he heard was ‘crunch’!” Magistrate Prowse proposed that perhaps deterrence doesn’t work. “They’ve tried it since Adam was a boy and played full back for Jerusalem. In England they threatened people with the death penalty, but that didn’t work either and so they put them all on ships and that’s why we have prisoners day on the 26^th of January.” He also noted Ms Jeffries had a clean record, with only a minor speeding matter in 2003. “Under the circumstances when there is a clearly defined treatment plan one has to work out how the community is best served. There was nothing which brought her under notice, it was a random breath test. If you commit this offence ordinarily you could expect to be convicted and fined and possibly even goal. The community would be best served by Ms Jefferies receiving treatment.” The matter was dealt with under the mental health act and the charges were dismissed, provided Ms Jeffries adheres to the treatment plan. Magistrate Prowse explained, “do what you are told to do, when you are told to do it, without stinting.”

KHAN, Owais Ahmed, a 28 year old from Auburn had a charge of exceed speed by more than 10 kilometres.  He was convicted and the matter was set for sentence at Parramatta on May 2.

KILROY, Coey John, a 22 year old from Scone had charges of take and drive conveyance without consent of owner, break and enter house etc steal value less than $60,000 and deal with property proceeds of crime less than $100,000. The matter was adjourned to May 21.

KOPCOK, Drasco, a 27 year old from Muswellbrook had a charge of enter enclosed land not prescribed premises without lawful excuse in Scone on March 24. The mater was adjourned to May 24.

LEEHY, Matthew, a 44 year old from South Tamworth had a charge of drive, licence suspended under section 55 of the fines act in Scone on February 24. The matter was adjourned to Tamworth on April 30.

LINTON, David Bruce, a 36 year old from Tamworth pled guilty to a charge of drive vehicle illicit drug present in blood alleged to be methylamphetamine from an incident on December 2.  Magistrate Prowse asked Mr Linton, “where did you get your chemistry degree?” Which prompted a confounded response from Mr Linton. Magistrate Prowse went on to say, “well you are taking something that you think was methamphetamine but how do you know what was in it? Do you like living on the edge do you?” To which Mr Linton responded, “not anymore”. Magistrate Prowse continued, “if you are dumb enough to take meth from some dodgy drug dealer who says ‘here take this it’s good stuff’, then you don’t have the brains to drive.” Magistrate Prowse also noted Mr Linton had advised police he had taken ice 2 hours before testing, but now states it was the night before. “’I was at my mate’s place for a party’, which is unsustainable garbage. If you are going to succumb to that kind of temptation, nobody should have you on the road, while they are enjoying the road.” Prowse also noted Mr Linton had “fine after fine and if we added all this up we could figure out who paid for the sixth loan on the harbor bridge…you!” Mr Linton was convicted and fined $600 and disqualified from driving for three months. “Don’t drive under any circumstances, if you get busted driving you are going to goal!”

LOWICK, Larry Scott, a 41 year old from Dungown appeared for hearing on a matter of destroy or damage property. Magistrate Prowse noted that interfering with the functionality of the camera is enough to prove the offence. Mr Lowick was instructed to go to the bank and pay the compensation for the damaged camera. The matter was proved and he was convicted under section 10.

LUNDIE, Maxwell Charles, a  year old from Merriwa  had a charge of exceed speed more than 10 kilometres and hour – p-plate driver from an incident in Bunnan on November 7.  Mr Lundie will complete the traffic offenders program and the matter was adjourned until June 21.

MAPPERSON, Ian Robert, a 19 year old from Scone pled not guilty to a charge of exceed speed by less than 10 kilometres and fail to notify authority of change of name within 14 days. The matter was adjourned for hearing on June 22.

McDONALD, Robert John, a 56 year old from Hillvue did not appear but sent a letter to the court in reference to a charge of exceed sped more than 10km/h in Blandford on July 11. He was convicted under section 196 and given a fine of $400.

MCGRANE, Matthew Martin, had charge of use light vehicle not comply with standard. The matter was adjourned to Tamworth on April 24.

MILLINGTON, Brian, a 52 year old from Scone had a charge of never licenced person drive vehicle on road – prior offence in Scone on February 28. Mr Millington said he couldn’t hold a drivers licence because he had a heart condition. Magistrate Prowse asked, “what would happen if you were driving and I was coming towards you and you had a heart attack or worse still if it was Mr Fraser (local solicitor present in the courtroom) which would be a loss? It’s very simple if you can’t have a licence don’t drive! If you drive again you’ll be going to goal and then you’ll be able to see the kids pressed up against the wire.” He was fined $450 and disqualified for 12 months.

NEBAUER, Jake William, a 34 year old from Merriwa had charges of possess prohibited drug being 7.6gms of Cannabis leaf and drive motor vehicle during disqualification. A warrant has been issued for his arrest.

NICHOLLS, Brian Paul, a 52 year old from Merriwa had a charge of cultivate prohibited plant – small quantity being 5 plants 230cm tall. Mr Nicholls’ solicitor told the court Mr Nicholls had cultivated the cannabis for personal use and was of otherwise good standing in the community, noting he worked for the Upper Hunter Shire Council. Magistrate Prowse said it was an anonymous report to the police that he was cultivating and that Mr Nicholls could have denied the police entry, but had instead invited them in and showed them around and told them he had plants in the backyard. “There were five, seven-foot tall plants which is against the law and also aggravated by the fact that you had a well set up sprinkler system. There is no medical reason for you to be an habitual or regular smoker over the years and you decided to grow some for that purpose. The law says it is illegal to possess it or cultivate it and no hint of a good reason, you don’t have any excuse!” Mr Nicholls was convicted, fined $750 and plants were ordered to be destroyed.

PARKER, Andrew, a 34 year old from Cassilis had a charge of cultivate prohibited plant – small quantity being 2 plants 10cm tall Magistrate Prowse said, “I note you gave it (the cannabis plants) some friends so they could talk to the tomato plant, it was lucky it didn’t turn into a triffid! Do you remember that?” Mr Parker was not familiar with triffids. Magistrate Prowse said, “I was going to make it part of your bail conditions, that you read Day of the Triffids; that’s when the plants started to take over, and there was a pretty poor episode of Dr Who about it, but the book it much better.” Magistrate Prowse decided against making reading the book part of his bail conditions but strongly encouraged him to read it. “Stick to the corn and tomatoes,” suggested Magistrate Prowse. The Magistrate also pointed out the difference in judgement between Mr Nicholls’ matter and Mr Parker’s as as due to Mr Parker had a clean record. Mr Parker was given a good behavior bond of 12 months and the plants were ordered to be destroyed.

PARKER, Bradley James, a 39 year old from Murrurundi entered a written plea of guilty to a charge of drive with low range prescribed concentration of alcohol on March 16 in Scone returning a reading of 0.070. Magistrate Prowse questioned Mr Parker’s claim that he had only had two drinks saying it didn’t gel with the reading. “Anyway this is your third drink driving over the years.” The matter was adjourned until April 20, with Prowse adding, “you can be absolutely confident at a few seconds after 9:30am you’ll be convicted, fined, and disqualified from holding or obtaining a licence for three months. Come midnight tonight don’t drive anything. If you get busted driving we’ll have your meals accommodation and social activities arranged for you.” Mr Parker was fined $300 and disqualified from driving for 3 months.

PEACOCK, Bonnie Jayne, a 30 year old from Carina Heights had a charge of drive vehicle, illicit drug present in blood being methylamphetamine from an incident on October 26. A fine of $1000 and a disqualification period of 6 months was imposed.

PETTIT, Stephen John, a 56 year old from Port Kennedy WA  pled not guilty to a charge of solo driver work more than standard maximum time – critical risk. The matter was set down for hearing on July 20 in Scone.

POWER, Zoe, two applications for noise abatement and prevent recurrence one from MARSHALL, Jennifer and another from WHITEHEAD, Ashley Louise. Undertakings were agreed to and the matter was dismissed.

PROBERT, Tina Natalie, a 42 year old from Muswellbrook had two charges of drive vehicle illicit drug present in blood and drive motor vehicle while licence suspended. One charge was from October 16 at Mayuna Bay with methylamphetamine, delta 9 thc and delta 9 thc acid, the other was from November 2 at Segenhoe with methylamphetamine and delta 9 thc. The matter was adjourned to May 24.

RANDLE, Jonathan Wharton, a 43 year old from Scone appealed a decision by the Roads and Maritime Services relating to not notify changes in construction, use etc of heavy vehicle. The matter was adjourned until May 24, with a plea to be entered.

RAWLINSON, Darryl John, a 42 year old from Scone had a charge of drive, licence suspended under section 66 of the fines act on December 6. The matter was adjourned to May 24.

RICHARDS, Andrew, from Murrurundi had an application against him made by John Richards for noise abatement and prevent recurrence. Magistrate Prowse explained the matter related to dogs barking. “On the balance of probability the noise exists and consequently Mr Richards’ needs to abate the offensive noise immediately and forthwith and that Mr Richards prevents a recurrence of the offensive noise.” The order was made.

RICHARDS, John, a 34 year old from Merriwa appealed a decision by the Roads and Maritime Authority on demerit points, the appeal was allowded.

ROSSINGTON, Justin, a 34 year old from Parkville had a charge of drive with low range prescribed concentration of alcohol in East Maitland on December 21 with a reading of 0.05. The matter was dealth with under section 10 and a good behavior bond of 10 months.

SAUNDERS, Robert Mervyn, a 49 year old from Gungal had a charge of drive with low range prescribed concentration of alcohol in Merriwa on March 13 with a reading of 0.055. Magistrate Prowse noted Mr Saunders had attended the traffic offenders program for a previous offence and wondered what the purpose of him going a second time would be if the first time had not had an impact. “How about not drink for the whole two years of the bond?” proposed Prowse. The matter was dealt with under section 10 and a good behavior bond of 18 months.

SCHARER, Melissa Jane, a 48 year old from Warwick Farm appeared for a hearing  on a charge of assault occasioning actual bodily harm in Scone on January 23. The matter was not able to be heard and was set for hearing on June 22.

STUBBS, Douglas, a 26 year old from Muswellbrook applied to have his licence disqualifications removed. The application was granted after Magistrate Prowse noted his good behavior over a period of time. Magistrate Prowse said, “don’t drive anything until you have the piece of paper to drive again. Once you get your licence back wave it around and kiss the photo.”

SULLIVAN, Kevin James, a 54 year olf from Gerringong appeared for hearing on a matter of disobey keep left unless overtaking. In car camera footage was presented. Mr Sullivan’s good driving record was noted by the court. The offence was proven with no further penalty.

SULLIVAN, Victoria Anne, a 33 year old from Scone had a charge of drive recklessly/furiously or speed/manner dangerous and never licenced person drive vehicle on road in Scone on March 23. The matter was adjourned to May 24.

TANNER, Richard John, a 74 year old from Coolah had charge of exceed speed by more than 10 kilometres in Merriwa on November 17, the matter was set for hearing on June 22.

THOMPSON, Rebecca Elizabeth, a 33 year old from Denman had a charge of drive with low range prescribed concentration of alcohol in Scone on February 3 returning a reading of 0.066. Ms Thompson outlined her responsibilities of caring for children with special needs and her ill father who required transport for medical care. Magistrate Prowse said the matter was proven with no conviction recorded and  a six month good behavior bond undertaken.

TONKS, Scott Mitchell, a  29 year old from Muswellbrook  had a charge of drive with middle range prescribed concentration of alcohol  and drive with high range prescribed concentration of alcohol.  Magistrate Prowse was confounded that Mr Tonks had not been gaoled on the spot. “At 9am police are called to a Holden Rodeo and they were called because of the erratic manner and speed you were driving…you lost control of the vehicle…I’ve been on the M1 motorway and there hasn’t been a time in the years and years and years that I’ve been driving on it that it’s not infested with cars, trucks and motorbikes, not just scattered but infested! How you didn’t go to goal on that occasion means Hoffman (his solicitor) is a miracle worker or there was something before the court that convinced them not to have a section 9 bond. And if that’s not bad enough, December 5, 2017 during the ‘killing season’ there you are driving the tip truck on the Gundy Road, a well-known place for crime! The owner of the vehicle rings the coppers and you return a reading of 0.165 so between that and this one that is only one more…you told police you were driving home from Muswellbrook after drinking with a mate. Clearly you recognise the link between consumption of alcohol and driving, you can do it on an intellectual basis but clearly not in practice. Court has a duty in so far as it can to protect the people from people like you and protect you from people like you. How you didn’t kill yourself on the motorway is a mystery and the fact you didn’t kill anybody is an enormous relief…and if that is not bad enough here you are again. Why do I know the Gundy Road? Because, if the council closed it down I would have finished court at about five past ten!” Mr Tonks was convicted for 6 months gaol on the charge of middle range PCA and 15 months on the high range PCA with 18 months to be served as an aggregate sentence, a non parole period of 9 months was given, a disqualification for 12 months was imposed and an interlock period of 48months was also imposed.

TURNER, Shane Arthur, a 56 year old from Alexandria had a charge of exceed speed limit by 10 kilometres in Wingen on December 22. The matter was set for mention at Newtown on May 8.

WATSON, Kayla, a 25 year old had a charge of drive licence suspended under section 66 of the fines act.  Magistrate Prowse said, “I’m told you’ve paid the fine and the suspension has been lifted, but until you have a piece of paper saying that, don’t drive.” The matter was proven, discharged and a good behavior bond for six months was ordered.

WICKS, Thomas William, a 35 year old from Quirindi had a charge of drive, licence suspended under section 66 of the fines act. Magistrate Prowse suggested Mr Wicks was an expert at attracting fines and then having them lifted, reading from his record. “Here is a cunning plan, don’t commit offences, don’t get fined and you’ll be laughing. Or if you get a fine pay it!” Magistrate Prowse noted it was a revenue raising measure and considered the use of the revenue noting the “last time the registry office was painted was 1920 or maybe 1820, but protecting the revenue is important, so your payment assists with that.” The matter was proven and Mr Wicks was given a section 10 good behavior bond of six months. “Go out to the counter and you can gaze at the ceiling which isn’t the Sistine Chapel and it will make you proud as you drive away to know your fine will help with that,” said Magistrate Prowse. He was fined $164 and given a good behavior bond for 6 months.

WILCHER, Jessica Louise, a 29 year old from Muswellbrook pled not guilty to a charge of use unregisterable class A motor vehicle. The matter was set for hearing on June 22.

WRIGHT, David, a 45 year old from Murrurundi had four charges of common assault and one count of stalk/intimidate intend fear physical etc harm. The matter was set for hearing on June 22.

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