Scone Court Report – May 2020

Magistrate Donnelly dealt with a matter involving a P-plater using their phone for GPS and noted many P-platers may not be aware that under the law they can not use their phone for any purpose while driving a car. Full licence drivers are permitted to use their phones for GPS maps and other functions, if it is mounted in the car appropriately and used hands-free, however the same latitude does not apply to P-platers and they must have a specific purpose GPS device mounted in the car. 

Also of note this month was the matter of Ashley Morgan who failed to appear in court on charges relating to driving under the influence of drugs. The Magistrate issued a warrant for the 34 year olds arrest and the police explained there were already four other warrants for Mr Morgan’s arrest relating to other matters not listed in the court documents.

Matters before Scone Local Court this month included:

BELL, Singrid Elizabeth, a 29 year old from Scone, had a charge of assault occasioning actual bodily harm. The offence occurred between 4pm and 6:30pm on March 13 at Aberdeen. Ms Bell was found guilty and given a 12 month community corrections order.

BUTLER, John Paul, a 37 year old from Wingen had a charge of drive, licence suspended under section 66 of the fines act. The offence occurred at approximately 4:07pm on January 16 on the New England Highway at Wingen. Mr Butler was fined $300 and disqualified from driving for 3 months.

COLE, Sharon Lea, a 58 year old from Aberdeen had charges of use offensive language in/near public place/school, tether animal with unreasonably short tether and being in charge of an animal fail to exercise care. The matter was adjourned until June 17.

COLLINS, Marcus, an 18 year old from Scone made an appeal to the court for a decision by Transport for New South Wales. The licence appeal was allowed.

DOUGLAS, Jason James, a 47 year old from Tamworth had a charge of larceny. The offence occurred between 12:15pm and 12:50pm on June 28, 2018 when Mr Douglas stole lawn bowls to the value of $550 from Raz Wilson at the Scone Bowling Club. Mr Douglas fined $600 and given a community corrections order for 12 months.

FAHEY, Laura Edna, a 53 year old from Merriwa had a charge of drive with middle range prescribed concentration of alcohol. The matter was adjourned until June 17.

LOWREY, Tracy Michelle, a 57 year old from Scone pled not guilty to two charges of common assault and one count of assault occasioning actual bodily harm, behave in offensive manner in/near public place/school, threaten to destroy or damage another person’s property and stalk/intimidate intend fear physical etc harm. The alleged offences occurred at approximately 7:15pm on January 17 in Scone in relation people including Mersadies Cadalbert and Liam Holland. The matters were adjourned until July 22.  

MATHEWS, Jason Raymond, a 46 year old from Scone had charges of use etc offensive weapon with intent to commit indictable offence. The matter was adjourned until August 19.

MAWSON, Connor Rhys, a 21 year old from Palmerston, Northern Territory had charges of licence expired less than two years before, drive with low range prescribed concentration of alcohol and class A motor vehicle exceed speed by more than 10 kilometres an hour. The offences occurred at approximately 2:25pm on March 21 on the Golden Highway in Merriwa. Mr Mawson returned a breath analysis reading of 0.056 and told police he had consumed five or six schooners of Carlton Dry beer at a hotel in Denman between 10am and 1pm. Mr Mawson was fined $800 and disqualified from driving for three months. On the charge of speeding, 118km in a 100km zone, Mr Mawson was fined $400.

MCINERNEY, Phoenix Hunter, a 17 year old from Scone had a charge of P1 driver exceed speed by less than 10 kilometres an hour. The offence occurred at approximately 6:55am on December 12 on Bunnan Road, as Ms McInerney was driving down a hill and was travelling at 98km in a 100km zone. The Magistrate noted that Ms McInerney had a clean driving record, there were extenuating circumstances and she had completed the traffic offenders program and dismissed the matter.

MORGAN, Ashley George William, a 34 year old from Aberdeen failed to appear on charges of drive vehicle, illicit drug present in blood and drive vehicle under influence of drugs. The offences occurred at approximately 3:15pm on August 29 near the Turanville turnoff on the New England Highway in Scone, when Mr Morgan crashed his silver Ford Laser sedan into a barbed wire fence and caused extensive front end damage to the vehicle, with debris on the highway. When police arrived on scene Mr Morgan was collecting debris from the highway and told police, “I was driving along there was a car in front of me, see how she left, and I’ve just gone woo it just howled I went into those trees.” Police noted Mr Morgan was in a “dream like state, his speech was slurred and he was observed to have dilated and blood shot eyes.” Police asked what caused him to veer off the roadway and he responded, “It just pulled, it’s like something was pulling on the steering.” Police were under the assumption Mr Morgan was under the influence of drugs and was subsequently placed under arrest and taken to the Scott Memorial Hospital in Scone. Mr Morgan was found to have amphetamine, methylamphetamine and delta-9-tetrahydrocannabinol in his blood. Mr Morgan was convicted in his absence and given an $800 fine and six months disqualification from driving for illicit drug present in blood and a warrant was issued for the second charge of drive vehicle under the influence of drugs.

The police prosecutor said there were currently four warrants out for Mr Morgan’s arrest, relating to other matters. The court files did not indicate what the four warrants pertained to and it was noted in court Mr Morgan’s bail conditions for a previous offence had expired earlier this year. Mr Morgan had an extensive driving and criminal history including:

• drive furiously or recklessly
• several speeding offences
• drive with prescribed concentration of alcohol
• drive while disqualified
• drive with illicit drug present in his system
• multiple charges and convictions for assault
• contravene apprehended violence order
• destroy or damage property
• assault occasioning actual bodily harm
• stalk/intimidate
• possess prohibited drug
• armed with intent to commit indictable offence and
• many breaches of bail.

MUFFETT, Kain Michael, a 23 year old from Scone had charges of assault occasioning actual bodily harm and reckless wounding. The matter was adjourned until July 22.

PAVEY, Jordan Tyler Charles Robert, a 22 year old from Aberdeen had a charge of P1 driver exceed speed by more than 10 kilometres an hour. The offence occurred on the New England Highway in Aberdeen, when Mr Pavey was travelling at 111km an hour. Mr Pavey was convicted and fined $400 and the matter was adjourned until June 22. 

PHILLIPS, Scott Anthony, a 43 year old from Muswellbrook had charges of drive with low range prescribed concentration of alcohol and contravene prohibition/restriction in apprehended violence order. The alleged offences occurred at appr 7:45pm until 8:30pm, on April 4 in Kelly Street, Scone when Mr Pavey returned a breath analysis reading of 0.072 and told police he had consumed four cans of Toohey’s New between 12pm and 2:30pm.

REEVES, Duncan James, a 21 year old from Muswellbrook had a charge of contravene prohibition/restriction in apprehended violence order. The alleged offences occurred at approximately 6pm on March 11 at Aberdeen. The matter was adjourned until June 22 in Tweed Heads. 

SCHRADER-PREIEST, Paul Damian, a 29 year old from Murrurundi had charges of intentionally choke etc person without consent, assault occasioning actual bodily harm and destroy or damage property. The matter was adjourned until September 23.

STOVES, Lucinda Morganne, from West Tamworth had a charge of learner/P1/P2 licence holder use mobile phone while driving. The offence occurred on November 21 on the New England Highway near Parkville. Ms Stoves had been using her mobile phone GPS features and was unaware as a p-plater she was not allowed to use the function and instead needed to have a specific GPS device mounted in the car, Ms Stoves said she had since installed such a device in her car. The Magistrate said it was a law that many P-plate drivers may not be aware of, noted Ms Stoves was hearing impaired and the phone was assisting her and she had taken steps to use an approved GPS device. The Magistrate dismissed the charge and cautioned it is a law p-platers needed to be aware of.

TAYLOR, Jake Christopher, a 23 year old from Aberdeen had charges of common assault and contravene prohibition/restriction in apprehended violence order. The alleged offences occurred at approximately 2:45pm and 3:15pm on April 12. The matter was adjourned until June 17.

WILLIAMS, Mitchell James, a 26 year old from Blandford had a charge of drive with low range prescribed concentration of alcohol. The offences occurred at approximately 1:58am on Mayne Street, Murrurundi, when Mr Williams returned a random breath test reading of 0.050. Mr Williams said he had consumed approximately 10 sevens of Bundaberg rum between 7pm and 1:50am. Mr Williams was found guilty and was given a 12 month conditional release order and ordered to complete the traffic offenders program.

Read: Previous Court Reports.