Scone Court Report – January 2019

Matters before Scone Court in January included:

BPW Aviation Pty Ltd T/as Airspeed v Suncoast Aero Engines, was a civil matter regarding a claim relating to engine repairs. The matter was adjourned until June 20.

CARTER, Alex David, from Toronto, had two charges of common assault, one count of stalk/intimidate intend fear physical. Mr Carter pled not guilty to the two counts of assault, which occurred on January 28, 2018 in Scone at approximately 8pm. He was convicted and given an intensive supervised community correction order for 9 months and is to have ongoing counselling and treatment. Mr Carter pled guilty to the charge of stalk/intimidate intend fear physical harm, which occurred on March 4, 2018. He was convicted and given a supervised community corrections order for 12 months.

CONSTABLE, Jackson Bradley, a 24 year old from Rutherford, pled guilty to a charge of police pursuit – not stop – drive recklessly. The offence occurred in Merriwa on September 15, 2018. The matter was adjourned until February 21.

COTTOM, Matthew Paul, a 46 year old from Mayfield, had a charge of damage property by fire/explosion > $5,000 and <+$15,000. The matter was adjourned until March 21.

CRABB, Philip Andrew, a 36 year old from Scone pled guilty to a charge of drive with high range prescribed concentration of alcohol. The offence occurred on December 18 in Scone when he returned a reading of 0.208. The matter was adjourned until March 21.

CUNNINGHAM, Michael, a 44 year old from North Lambton appeared for hearing for charges of armed with intent to commit indictable offence and assault occasioning actual bodily harm. A subpoena for police documents had not been completed and the matter had to be adjourned for hearing on March 21.

DALY, Adam, a 27 year old from Aberdeen, pled guilty to a charge of drive with low range prescribed concentration of alcohol. The offence occurred on August 18 at 12:02am on Kelly Street, Scone when he returned a reading of 0.075. Mr Daly had told police he had consumed five schooners of full strength beer from 8pm until 11pm at the Willow Tree Hotel in Scone. Mr Daly had made an application to obtain his Irish driving record, however it was not received. His Australian driving record had one speeding fine. Mr Daly’s solicitor proposed that Mr Daly would not consume any alcohol if he drove, as a condition of his Community Release Order. Mr Daly’s solicitor further said he was a stallion manager in charge of 14 horses valued at $150 million and had to be on call 24 hours a day and had a strong need for a licence. Magistrate Soars accepted that it was an error of judgement and cautioned him to treat his licence like gold. Mr Daly was given a 12 month conditional release order without conviction.

DAWSON, Darrell Arthur, a 63 year old from Orange Grove, pled not guilty to a charge of exceed speed limit by more than 10 kilometres an hour. The alleged offence occurred on the New England Highway near Ardglen on September 15 when it is alleged Mr Dawson was recorded doing 118 kilometres an hour. The matter was adjourned until February 22 for hearing.

ELLIS, Bradley, from Muswellbrook, who was a property owner at Merriwa, had two charges of fail to comply with dangerous dog control requirements, for two separate incidents. Upper Hunter Shire Council withdrew the charges.

ENGLEBRECHT, Jamie, a 31 year old from Scone, pled guilty to possess prohibited drug and drive vehicle illicit drug present in blood. The offence occurred at approximately 10:30pm on September 15 on Moobi Road, Scone, when Mr Englebrecht was in possession of 3.6 grams of cannabis leaf and tested positive to methylamphetamine and delta-9-tetrahydrocannabinol. He was convicted of both charges, fined $300 and disqualified from driving for three months. Mr Englebrecht was previously found guilty of drive with illicit substances in May 2014 and in June 2018 he was given a conditional release order without conviction for driving with illicit substances.

FISHBURN, Thomas Edward, a 34 year old from Scone, had a charge of drive while licence cancelled – first offence. Mr Fishburn failed to appear and must appear on February 21 or the matter will be dealt with in his absence.

JOUCLA, Elisa, a 25 year old from Scone, pled guilty to a charge of drive with middle range prescribed concentration of alcohol. The offence occurred on Liverpool Street, Scone on September 30 when she returned a reading of 0.096. Ms Joulca failed to appear before the court and the matter was adjourned until February 21. If Ms Joucla fails to appear before the court, the matter will be dealt with in her absence.

LANE, Melissa, a 44 year old from Wollar, pled not guilty to a charge of drive motor vehicle during disqualification period and possess /attempt to, prescribed restricted substance. The offences are alleged to have occurred on October 16 at Gungal. The matter was adjourned to April 18 for hearing.

MCDONALD, Georja, a 46 year old from Murrurundi, pled guilty to charges of drive vehicle, illicit drug present in blood, possession of equipment for administering prohibited drugs and self-administer/attempt self-administer prohibited drug. The offences occurred on September 19 in Murrurundi. The matter was adjourned until March 21.

MCDONALD, Stephen, a 48 year old from Murrurundi, had a charge of drive vehicle, illicit drug present in blood. Mr McDonald was disqualified from driving for 6 months and fined. Magistrate Soars warned that driving disqualified was a serious offence and carried a goal sentence. On September 20 in Kelly Street, Scone Mr McDonald tested positive to methylamphetamine and delta-9-tetrahydrocannabinol. He was convicted of the offence and fined $300. The second charge for drive with illicit substance was again for methylamphetamine and delta-9-tetrahydrocannabinol and he was convicted and fined $350 and disqualified from driving for six months.

MCNEILL, Caleb William, a 19 year old from Muswellbrook, pled guilty to a charge of drive with middle range prescribed concentration of alcohol. The offence occurred on December 2 at Liverpool Street, Scone when Mr McNeill returned a reading of 0.126. The matter was adjourned until March 25 in Tamworth.

MORRISON, Matthew James, a 36 year old from Merriwa, had a charge of shoplifting. The offence occurred on October 25 at approximately 4:45pm at Merriwa, when Mr Morrison stole property to the value of $122.90 from the IGA supermarket in Merriwa. The goods included a one litre bottle of Havana Club rum and a one litre bottle of Absolute Vodka. Mr Morrison was convicted and fined $300.

MURPHY, Jill Margaret, a 52 year old from Murrurundi, pled guilty to a charge of stalk/intimidate intend fear physical etc harm. The offence occurred on August 13 at Murrurundi. The matter was adjourned until February 21.

MYHILL, Richard William Barry, a 42 year old from Scone, pled guilty to drive with high range prescribed concentration of alcohol – first offence. Mr Myhill returned a reading of 0.166 at 4:25pm on October 18 at Liverpool Street, Scone. He was convicted, disqualified from driving for 7 months, is to have an interlock period for 24 months and a supervised community correction order for 3 years.

NG, Kym Andrew, a 45 year old from Campsie failed to appear on a charge of drive vehicle, illicit drug present in blood etc – first offence. The offence occurred at 2:15am on September 16 in Kelly Street, Scone when Mr Ng returned a positive to methylamphetamine. He was convicted, fined $400 and disqualified from driving for six months.

NICHOLSON, Dorian James from Scone sold a car to Kym Katherine MCGRATH, also from Scone for the sum of $2500 and had only been paid a total of $1200. Mr Nicholson had put on the registration transfer papers that the sale price was only $700 with the cost of registration being $500. Ms McGrath relied on this document to say that all she had to pay was $1200. Mr NICHOLSON provided to the court a text message from Ms McGrath whereby the inference drawn was the sale price was in fact more than $1200. Ms MCGrath was ordered to pay $1300 being the remainder of the original $2500 sale price.

OOR, Joshua, a 19 year old from Scone, pled guilty to charges of common assault and destroy or damage property. Mr Orr damaged a window in a property owner by Compass Housing. Magistrate Soars noted that while Mr Orr had made good on the damage to the window, he had been before the court for a housebreaking matter and that it had not been his first interaction with he police or the justice system, but said she hoped it was the last. “I see a pattern sitting with these matters…you should try and get some counselling and anger management, if this is triggered by illicit substances then you know what to do and get help.” Magistrate Soars added, “Young people can get to a cross roads, change their behavior or unfortunately things will further unravel…so you have the choice and you have a supportive aunt and parents…you need to bring it to an end.” Mr Orr was convicted of common assault and give a community release order for 15 months and was also convicted for destroying property and given a community release order for 12 months.

OLDHAM, Daniel, a 31 year old from Merriwa appeared in court for hearing on charges of common assault, stalk/intimidate intend fear physical harm etc and destroy or damage property, which were a pair of sunglasses. The alleged offences occurred on October 20 in Merriwa. The Police witness did not attend the court, an application for adjournment by the prosecution was opposed and the matters were withdrawn and dismissed.

PAYNE, James Edward, a 39 year old from Scone, application to appeal a decision by the Roads and Maritime Services. Mr Payne’s solicitor said that he worked for Galloping Media making videos for horse studs. Mr Payne was on his way to Yarraman Park when he went over the Muswellbrook Bridge and was unaware the speed zone had changed from 100 kilometres an hour to 80 kilometres an hour. His solicitor said the police officer was positioned 100 metres before the 100 kilometre sign. Magistrate Soars noted Mr Payne’s last driving matter was three years prior. Mr Payne had completed the traffic offenders program. Magistrate Soars noted Mr Orr’s strong need for a licence, dismissed the application and varied the suspension for one day.

PEDLOW, Mark David, a 46 year old from Quirindi, appeared and made an application to remove licence disqualifications. Magistrate Soars noted the majority of Mr Pedlow’s driving record were drive while disqualified, not high speed offences. Magistrate Soars said, “on this occasion given the strong need for a licence I’m going to grant your application today.”

QUIRK, Natasha, a 27 year old from Merriwa, had a charge of shoplifting. The offence occurred on October 25 at approximately 4:45pm at the IGA Supermarket in Merriwa when Ms Quirk was found to have two bottles of alcohol in her bag one 750ml bottle of Jack Daniels and one 750ml bottle of Gentleman Jack Whisky. Mr Matthew James Morrison was a co-accused in the matter and was also in possession of two bottles of alcohol. Ms Quirk was convicted in her absence and fined $400.

ROBINSON, Blake Mark, a 28 year old from Aberdeen, appeared and pled not guilty to charges of destroy or damage property, assault occasioning actual bodily harm and common assault. The matter was set down for hearing on February 22.

SAUNDERS, Clinton John, a 22 year old from Scone had charges of armed with intent to commit indictable offence, two counts of stalk/intimidate intend fear physical harm and two counts of assault occasioning actual bodily harm. The matters were adjourned for hearing on February 21.

SCONE EQUINE HOSPITAL V Mark VALLENDER, was adjourned for mention on February 21.

SIEVERS, Natalie Clare, a 32 year old from Scone appeared for a breach of bond, destroy or damage property and common assault. The alleged damage was to the front door of a property in Scone on October 18. In the police facts Ms Sievers is alleged to have rushed at the victim after the victim pulled up in her driveway and punch her in the face, yelling “you didn’t (sic) pick me up”, referring to a claim that the victim had not picked her up in her car when it was raining.  No action was taken in reference to the breach of bond, the section 9 bond was revoked and or the destroy or damage property and the common assault charges a sentence of an intensive correction order was imposed for a period of 8 months with Magistrate Soars adding the comment that this order is basically a gaol sentence in the community.

SIGNATURE EQUINE GROUP PTY LTD V JENNA POPPITT, regarding an outstanding account. Ms Poppitt was in Queensland but was heard in court via a mobile phone and outlined her current financial hardship situation. The matter was adjourned for hearing on February 21.

SQUIRES, Chad Williams, a 23 year old from Taree, had two charges of drive vehicle, illicit drug present in blood and one count of goods stolen in/on premises. The matter was adjourned until February 21, with a plea to be entered.

SYDNEY EQUINE PRACTICE PTY LTD V SHIRLEY BROWN AND CLAUDE BROWN, was a small claims matter relating to $9,873 on vet fees. It was referred to Community Justice Centre for mediation and the matter was adjourned until May 23.

WICKS, Sasha Lee, a 28 year old from Middlebrook, pled guilty to a charge of drive motor vehicle while licence suspended. The offence occurred on December 20 at 9am in Guernsey Street, Scone. Ms Wicks was given a conditional release order without conviction for 12 months.

WILSON, Lee Anthony, a 29 year old from Denman, appeared and pled not guilty to a charge of destroy or damage property <=$2000. The matter was adjourned until March 21.

WINFIELD, Trevor William, a 40 year old from Aberdeen, pled guilty to charges of take and drive conveyance without consent of owner, drive motor vehicle during disqualification period and negligent driving (no death or grievous bodily harm. On July 31 Mr Winfield had taken the vehicle of Ms Roberts and on July 31 failed to give way to a Toyota utility and collided with it at the Aberdeen supermarket. It was also noted that on December 12, 2016 Mr Windfield was disqualified from driving in Bathurst court for dangerous driving causing grievous bodily harm. On the count of take and drive Mr Winfield was convicted and given a community corrections order for 18 months, with no suspension. On the count of drive while disqualified he was convicted, fined $300, disqualified from driving for six months and given a community corrections order for 15 months. On the offence of negligent driving he was convicted and fined $300.

WRIGHT, David John, a 46 year old from Scone appeared to vary bail conditions to be able to collect property from Rouchel, the conditions were changed with a hearing on the original charges of break and enter house etc steal value <= $60,000, use unregistered registerable class A motor vehicle on road and use uninsured motor vehicle. The matter was set for hearing on March 22.

Read previous court reports: Scone Court Reports.