Scone Court Report – February 2019

OFTEN people are unrepresented in court and struggle with understanding and complying with court and legal processes during their defence. However, Darrell Dawson appeared in court this month to challenge a charge of speeding more than 10 kilometres and after a lengthy hearing, Magistrate Soars dismissed the charge. It was certainly the most entertaining matter to appear in court this month. Police have indicated to Mr Dawson that they intend to appeal the decision.

Matters which appeared before the Scone Local Court this month included:

ANDERSON, Lousie Marie, a 42 year old from Muswellbrook pled guilty to a charge of drive vehicle, illicit drug present in blood. On September 30 between 5:50pm and 6:20pm, on Bunnn Road, Bunnan, Ms Anderson tested positive to methylamphetamine. Ms Anderson was disqualified from driving for six months and fined $300.

BATES, Rae Lorraine, a 40 year old from Scone pled guilty to a charge of drive with middle range prescribed concentration of alcohol. The offence occurred on January 22, 2019 between 1:04pm and 2:10pm in Scone. Ms Bates said she had had one shot of scotch at approximately 12:04pm. Magistrate Soars noted the aggravating factor that she had two children in the car at the time, however also said there were “not other aggravating features such as speed or unsafe driving”. Magistrate Soars further noted her strong need for a licence living in a regional area, having children and elderly parents. Ms Bates will complete the traffic offenders program and the matter was adjourned to Tamworth on March 4, to facilitate Ms Bates getting her licence back sooner than waiting to appear in Scone court.

CARTER, Gavin, a 45 year old from Scone pled not guilty to a charge of drive with middle range prescribed concentration of alcohol. The alleged offence occurred between 2:10am and 5am on October 16 in Scone in Barton St, Scone. The matter was withdrawn and dismissed.

CONSTABLE, Jackson Bradley, a 24 year old from Rutherford pled guilty to a charge of police pursuit – not stop – drive recklessly. The offence occurred at approximately 11:32pm on September 15 in Merriwa when Mr Constable did not stop his Nissan Nivara and drove vehicle “recklessly to others”. The matter was adjourned until March 21.

DAWSON, Darrell Arthur, a 63 year old from Orange Grove pled not guilty to a charge of class A motor vehicle exceed speed > 10 kilometres. The alleged offence occurred on September 18 at 10:47am on the New England Highway at Ardglen when it was alleged Mr Dawson was travelling at 118km per hour. Sept 18, 2018.

Senior Constable Donnelly who had been in the Singleton Highway Patrol for seven years gave evidence and said he observed Mr Dawson’s red Holden Commodore from 500 metres away travelling in the opposite direction and estimated he was travelling at between 110 kilometres an hour to 125 kilometres an hour. Snr Con Donnelly said he put the radar on Mr Dawson’s car for two seconds and the reading showed he was travelling at 118 kilometres an hour. The police officer then activated his lights and sirens and performed a u-turn, before travelling at 192 kilometres an hour to pull Mr Dawson over.

The court was shown in car video of the incident.

Mr Dawson, who was self-represented, questioned the police officer as to how long he observed him speeding and how long he used the radar, to which Snr Con Donnelly said he had observed him for two seconds in which time he estimated he was speeding and used the radar for two seconds to get an accurate reading of the speed, releasing the radar at 272 metres. Mr Dawson also questioned why the officer did not use the radar for three seconds and the officer responded that he used the radar for two seconds. Mr Dawson then said the guidelines for use of the radar stipulates that the radar must be used for three seconds to obtain an accurate reading otherwise the reading is invalid.

The police officer said they were only guidelines and two seconds was adequate to obtain a reading.

Mr Dawson also said he had been travelling behind a large vehicle, which the guidelines also stipulated could affect an accurate reading. The officer said it was a courier van and did not constitute a large vehicle.

Mr Dawson sought clarification from officer Donnelly as to if he was in the outside lane rather than the inside overtaking lane when he used the radar, to which officer Donnelly agreed he was. Mr Dawson then said the operating procedures stated the radar must be used in the lane closest to the target, further explaining the guidelines said for the most accurate reading the radar had to be directly in front of the target and in the centre of the target. Mr Dawson conceded it is not possible to be directly in front of the vehicle, but highlighted the guidelines say that the further away the radar was in terms of not being in the nearest lane, the more accuracy of the radar is affected.

Mr Dawson asked officer Donnelly if the radar was used on a section of road that was curved. Officer Connelly agreed it was and estimated it to be greater than 20 degrees adding “much more than that”. Mr Dawson said the operation manual states that anything more than 8 degrees curvature in the road impairs the accuracy of the radar reading. Further explaining it states that for every 10 degrees it reduces the accuracy by a speed measurement of 6 kilometres an hour.

Mr Dawson said that in the police in car video he observed that the radar reading fluctuated significantly before locking on and therefore may be inaccurate due to the van which had been travelling in front of him or concrete. Magistrate Soars asked if Mr Dawson would like to replay the video to illustrate his point, but Mr Dawson said that would not be necessary.

The Magistrate asked to view a copy of the document as evidence, but the police prosecutor explained it was a confidential police document and permission would have to be sought for it to be used in court. Mr Dawson further explained that the document, which he had found online, was subject to copyright and so he had been unable to print it for the court, but had made notes of the relevant sections.

The witness was asked to leave the court room for the court to discuss the guidelines.

Magistrate Soars questioned if the guidelines could be made available, but the prosecutor said permission would need to be sought and they were otherwise confidential. The Magistrate asked the prosecutor if he agreed the guidelines stipulated what Mr Dawson had said and the prosecutor agreed. However, the prosecutor explained that they were only guidelines and not stipulated in traffic law.

Mr Dawson then further questioned Snr Con Donnelly and asked why in his statement he had said he had locked on the radar at 232 metres, when in court he had then claimed it was locked on at 272 metres? Snr Con Donnelly was confused as to why Mr Dawson was referencing 232 metres and the witness was shown a copy of his initial statement and then conceded it was locked on at 232 metres.

The police prosecutor said that the officer had observed the vehicle for a total of four seconds as exceeding the speed limit, however Mr Dawson argued that he was a truck driver and had been driving since he was 17 years of age and was now 63 and could not estimate a vehicles speed travelling in the opposite direction within 4 seconds with any accuracy.

The Magistrate asked if Mr Dawson would give testimony in his case, but Mr Dawson declined.

The Magistrate then considered the case and found that there had been reasonable doubt raised as to the speed Mr Dawson had been travelling.

Magistrate Soars said she accepted that the officer did his best to estimate the speed, but also agreed that the reason the radar is used is to get an accurate reading. She further said the witness had conceded the curvature of the road was more than 20 degrees, he was in the lane furthest from Mr Dawson, there was dispute over what constituted a large vehicle and that in particular the radar had only operated for two seconds. “It means I can only treat the officer’s estimate as an estimate”, she said she could not accept the radar reading and the charge was dismissed.

Police have advised Mr Dawson they intend to appeal the case.

FAR WESTERN STONE QUARRIES PTY LTD v DEPARTMENT OF PLANNING AND ENVIRONMENT, alleged offences included two counts of fail to pay annual rental fee or annual administrative levy, two counts of fail to prepare or lodge report as prescribed and one count of person directed fail to comply with direction or notice.  The matter was adjourned until March 21.

FIELD, Oscar Bernard, a 23 year old from Scone had a charge of drive vehicle under influence of alcohol. The alleged offence occurred on January 10 between 8:06pm and 8:50pm in Kingdon Street, Scone, when Mr Field was seen turning left in Kingdon Street and mounting the gutter, before colliding with a tree. Witnesses observed him to be unsteady on his feet and struggling to walk. Mr Field told police he had driven from his work at Arrowfield Stud to the Thoroughbred Hotel and had his first drink at 6pm and his last at 8:15pm. Mr Field told police he had consumed three pints of Stone and Woord 500ml beers and two doubles of Canadian Club Whisky and dry. Mr Field will complete the traffic offenders program and the matter was adjourned until March 21.

FISHBURN, Thomas Edward, a 34 year old from Scone had a charge of drive while licence cancelled – first offence. The matter was adjourned until March 21.

FITZGERALD, Garry Maxwell, a 24 year old from Emu Plains pled guilty to a charge of drive with low range prescribed concentration of alcohol. The offence occurred on December 30 at approximately 9pm on Guernsey Street, Scone, when Mr Fitzgerald returned a positive reading of 0.078. Mr Fitzgerald said he had been drinking at the Scone RSL and had consumed 10 mid-strength beer stubbies from 3pm until 8:20pm. Magistrate Soars gave Mr Fitzgerald a community release order for 14 months, without conviction. Magistrate Soars further placed a condition that Mr Fitzgerald is not to have any alcohol in his system when he drives. Magistrate Soars said it was to remove any confusion for misunderstanding the level of alcohol consumption when driving.

GALE, Travis, a 19 year old from Muswellbrook pled not guilty to a charge of police pursuit – not stop – drive dangerously and guilty to a charge of never licenced person drive vehicle on road. Mr Travis was in custody in Newcastle and the matter was adjourned for hearing on May 24.

GORTON, Cindy Lee, a 52 year old from Wingen had three charges of refuse or fail to submit to breath analysis and one count of negligent driving (no death or grievous bodily harm), use vehicle on road or road related area m/v tax not paid, use unregistered registerable Class A motor vehicle on road, use uninsured motor vehicle. The matter was adjourned until April 18.

JONES, Jared Stephen, a 33 year old from Mudgee pled guilty to a charge of drive with low range prescribed concentration of alcohol – second offence. The offence occurred on January 28 between 10:58am and 11:40am on the Golden Highway in Merriwa when Mr Jones returned a reading of 0.075. Mr Jones told police he had consumed an unknown amount of Pure Blonde beer between 3pm and 11pm the previous day. The matter was adjourned until April 18.

JOUCLA, Elisa, a 25 year old from Scone pled guilty to a charge of dive with middle range prescribed concentration of alcohol. The offence occurred on September 30 at approximately 12:25pm on Liverpool Street, Scone when Ms Joucla rerned a reading of 0.096. Ms Joucla told police she had consumed seven Johnny Walker Red Label scotches between 8:10pm and 11:55pm. Ms Joucla is a French national working at Arrowfield Stud and said a licence was critical to her employment. Ms Joucla was disqualified from driving for six months and fined $400.

LOWRIE, Luke Geoffrey, a 38 year old from Scone failed to appear on a charge of drive with middle range prescribed concentration of alcohol. The offence occurred on December 31 at approximately 10:50pm in Bingle Street, Scone when Mr Geoffrey returned a positive reading of 0.125. Mr Lowrie told police had had consumed one mid-strength beer at approximately 12:30pm and then later a six pack of Woodstock Bourbon and Cola cans. Mr Lowrie was convicted in his absence, disqualified from driving for six months, given a mandatory interlock period of 12 months and fined $700.

LYLE, Cameron Grant, a 34 year old from Scone pled guilty to a charge of drive with low range prescribed concentration of alcohol. The offence occurred on December 14 at approximately 10:23pm in Guernsey Street, Scone when Mr Lyle returned a reading of 0.070. Mr Lyle told police he had consumed four light beers since 7pm. Mr Lyle was observed by police to drive across the Liverpool level rail crossing, before the boom gates were fully open and was pulled over, then submitted to a random breath test. Mr Lyle was convicted, fined $750, disqualified from driving for two months and a mandatory interlock period of 12 months.

MARTIN, Anthony Charles, a 69 year old from Cassilis had six charges of contravene order re specified ancillary mining activity – being that Far Western Stone Quarry had failed to rehabilitate the land required under the mining lease. The matter was adjourned until March 21.

MATTHEWS, Brendan William, an 18 year old from Gungal pled guilty to a charge of drive with middle range concentration of alcohol. The offence occurred on January 23 between 9pm and 9:40pm on the New England Highway in Scone when Mr Matthews returned a reading of 0.114. Mr Matthews had three passengers in the time ranging in age between 17 and 20 years of age. Mr Matthews told police he had consumed two “largies” and two “stubbies” of full strength beer between 12:30pm and 5pm. Mr Matthews will complete the traffic offenders program and the matter was adjourned until March 21.

MILLINGTON, Corey Llewelyn, a 24 year old from Murrurundi pled guilty to one count of destroy or damage property, not guilty to another count of destroy or damage property, stalk intend fear and common assault and guilty to drive vehicle with illicit substance. The charges of damage relate to damaging plasterboard in a hallway and the rear passengers door of a motor vehicle. The charge of drive with illicit substance relates to Mr Millington testing positive to delta-9-tetrahydrocannabinol on September 24 at approximately 1:50pm in South Tamworth. The matter was adjourned for hearing on May 23.

MOORE, Rebecca Anne, a 40 year old from Moonan Brook pled guilty to a charge of common assault. The offence occurred in Moonan Flat on xxxxx. Magistrate Soars noted Ms Moore had a prior good record . Ms Moore was not convicted and given a 15 month conditional release order.

MORGAN, Kate Michelle, a 39 year old from Merriwa pled guilty to a charge of low range prescribed concentration of alcohol. The offence occurred on October 27 at approximately 5:05pm on the Golden Highway at Mount Thorley when Ms Morgan returned a prescribed concentration of alcohol reading of 0.051. Ms Morgan told police she had consumed one glass of white wine between 3:30pm and finished the drink at 3:50pm. Ms Morgan was given a conditional release order for 12 months without conviction.

MURPHY, Jill Margaret, a 52 year old from Murrurundi pled not guilty to charges of stalk/intimidate intend fear physical etc harm, common assault and drive recklessly/furiously or speed/manner dangerous. The matters were adjourned until March 21.

NOVOTNY, Nicholas Richard, a 27 year old from Gungal had a charge of drive motor vehicle during disqualification period – second offence. The offence occurred on January 11 in Merriwa at approximately 10:50am. The matter was adjourned until April 18.

PEEL, Robert Keith, a 33 year old from Merriwa pled guilty to a charge of drive with low range prescribed concentration of alcohol. The offence occurred on January 26 at approximately 12:25am on the Golden Highway in Merriwa when Mr Peel returned a prescribed concentration of alcohol of 0.055. Mr Peel said he had consumed five 340ml stubbies of Great Northern mid strength beer at the Royal hotel in Merriwa. Mr Peel said he consumed his first drink at 8:30pm and finished drinking at 12:20am. The matter was adjourned until March 21.

PICKETT, Kenneth John, a 49 year old from Scone failed to appear on a charge of drive with low range concentration of alcohol. The alleged offence was on December 30 at approximately 8:15pm in Susan Street, Scone when Mr Pickett returned a reading of 0.054. Mr Pickett told police he had consumed three full strength beers from 4pm until 7:40pm at home. The matter was adjourned until March 21.

PIPER, Billie-Lee, a 39 year old from Quirindi pled not guilty to a charge of assault occasioning actual bodily harm, but was found guilty in Quirindi court and the matter was adjourned to Scone for sentencing. The offence occurred on July 13 in Quirindi at approximately 10:15pm. Mr Piper was given a community correction order for 18 months.

POWER, Zoe, a 39 year old from Scone pled guilty to a charge of contravene prohibition/restriction in AVO. The matter was adjourned until March 21.

ROBINSON, Blake Mark, a 28 year old from Glenbawn Dam had charges of destroy or damage property, assault occasioning actual bodily harm and common assault. Mr Robinson pled not guilty to damaging a wall in a hallway, but was convicted and given a conditional release order for 12 months. To the charge of assault Mr Robinson pled not guilty and was found not guilty. To the charge of assault occasioning actual bodily harm Mr Robinson pled not guilty and was given a community correction order for 18 months and is to attend an appointment with his GP to review medications and have a mental health assessment and must comply with any treatment plan.

SAUNDERS, Clinton John, a 22 year old from Scone appeared on two charges of assault occasioning actual bodily harm, one count of armed with intent to commit indictable offence and two counts of stalk/intimidate intend fear physical etc harm. The hearing was adjourned until June 21.

SIGNATURE EQUINE GROUP V JENNA POPPITT, Ms Poppitt was ordered to pay the principle amount owed of $700 and costs of $846.92, but interest charges were waived.

SQUIRES, Chad William, a 23 year old form Taree, pled not guilty to a charge of good suspected stolen in/on premises and pled guilty to two charges of drive vehicle, illicit drug present in blood. The charge of good suspected stolen was alleged to have occurred on October 2 at approximately 12:20pm in Scott Street, Scone and pertained to 31 BCF gift cards to the value of $2,700 which police claim may reasonably be suspected of being stolen or otherwise unlawfully obtained. The matter was adjourned until March 21. Mr Hoffman, solicitor for Mr Squires noted to the court that while Mr Squires expected to test positively to hydrocannabinol, he was surprised with the methylamphetamine. Mr Hoffman also noted a growing number of clients are surprised with the presence of methylamphetamine, speculating that cannabis may be being laced. One charge of drive with illicit substance was on October 2 in Scone when Mr Squires tested positive to methylamphetamine and delta-9-hydrocannabinol. Mr Squires was convicted and disqualified from driving for 12 months. The second charge of drive with illicit substance occurred on October 20 on the New England Highway in Muswellbrook when he returned a positive test to methylaphetamine and delta-9-hydrocannabinol. Mr Squires was convicted and disqualified from driving for 12 months. Sentencing on the charge was adjourned until May 23.

WALKER, Anthony Jephrey, a 54 year old from Scone had a charge of common assault. Magistrate Soars said, “I can tell from your face you express real remorse in the matter,” however she further said she had to send a message to everyone, including people in the court that these offences will not be tolerated. Magistrate Soars convicted Mr Walker and fined him $400.

WALTERS, Mark Joseph, a 34 year old from Parkville had a charge of fail to appear in accordance with bail acknowledgement. Mr Walters had been convicted in his absence but appeared in court this month. Magistrate Soars noted Mr Walters had previously served a one month term of imprisonment for drive while disqualified. Magistrate Soars told Mr Walters to stay off the road for two years and then he can get his licence back. The matter was adjourned until April 18.

WARSAME, Naib, a 24 year old from Muswellbrook had charges of common assault and resist or hinder police officer in the execution of duty. The charges were withdrawn and dismissed.

WHYTE, Jesse, a 19 year old 27/02/1995  from West Tamworth entered into a written plea of guilty to a charge of possess prohibited drug. The offence occurred in Scone on January 5 when they were in possession of 16 grams of cannabis. Whyte was convicted and fined $250.

WHITNEY, Justine Maree, a 37 year old from Merriwa pled not guilty to charges of destroy or damage property, drive vehicle under influence of alcohol and assault occasioning actual bodily harm. The matter was adjourned until April 18.

WU, Da Ming, a 57 year old from Scone pled guilty to a charge of never licenced person drive vehicle on road – prior offence. The offence occurred on January 23 in Scone. Magistrate Soars noted he had previously been fined for the same offence. Mr Wu will attend the traffic offenders program and the matter was adjourned until March 21.