scone.com.auScone Court Report: June 2017
“It won’t happen again”, a statement Magistrate Prowse said he has heard countless times during his career, in fact he said, “if I had 20 cents for every time I’d heard that, I’d have built the Harbour Bridge!” However, he remained resolute in encouraging and warning people who came before him, for various matters, not to commit further offences.
Several times during proceedings Magistrate Prowse asked for measurements to be translated into inches, saying it was a system everyone understood and the change to the metric system confounded him, especially given that, “the French have found the standard bar they have is shrinking, so it makes no sense” and maintained the imperial system of measurement made perfect sense.
Court matters this month included the following:
BRIGHT, Bernard, a 60 year old from Cassilis entered a written plea of guilty for cultivate prohibited plant – small quantity. The charges related to two cannabis plants of approximately 160 cm and 170 cm in height. Mr Bright said he was growing the plants for medicinal use. He was found guilty, fined $600 and the Magistrate ordered the plants be destroyed.
BLAYDEN, Matthew James, a 37 year old from Murrurundi presented to court in custody on a charges of aggravated enter dwelling with Intent, damage property by fire, steal from the person and common assault from an incident that is alleged to have occurred on June 18 in Murrurundi. A not guilty plea was entered with a hearing on August 24. Bail was refused.
CLARK, Benjamin James a 22 year old from Scone appeared on charges of dangerous driving occasioning death – dive manner dangerous and negligent driving occasioning death. The matter relates to the death of a motorcyclist on the New England Highway south of Scone in August last year. A request was made to have the matter moved from Scone court as it would be “easier for the Crown to deal with this in Newcastle”. However, Magistrate Prowse said these decisions should not be made on the basis of convenience to the Crown, “they could go to Tamworth in that case, probably in a hermetically sealed thing to get there, it is not for convenience of one set of parties that cases are moved.” Magistrate Prowse also questioned how his colleagues in Newcastle would react to more cases, “if this wasn’t a public place I think I could say what they would think”. The matter was adjourned until August 24 in Scone, when Mr Clark need to make a plea.
COLL, Sharyn Lea, a 55 year old from Aberdeen appeared on a charge of wilful and obscene exposure in or near public place or school for which she received a bond to be of good behavior for 9 months. On the charge of contravene prohibition or restriction in an Apprehended Violence Order she was convicted under section 10 with no penalty recorded. She was also convicted with no penaly on the charge of expose oneself in/within view from a public place/school.
It was alleged Ms Coll had been drinking which would be a breach of an apprehended violence order. Senior Constable Dan Carter and Constable Broady Phillip attended the residence of Ms Coll after complaints from her neighbours. Magistrate Prowse said Ms Coll’s testimony was “unsustainable and unbelievable” especially as she had yelled in the face of Constable Carter “giving him the perfect opportunity to notice the strong smell emanating from her”. He mused perhaps if she had not done so he may not have made the observation. The matter was proven beyond a reasonable doubt. On the charge of obscene exposure Magistrate Prowse noted that only last week more than 100 people had plunged into the water off Hobart, so to find Ms Coll’s behavior to be so far against the moral public standard to warrant a conviction was not reasonable.
DAVIDSON, Lisa Anne, a 35 year old from Scone has charges of dangerous driving occasioning grievous bodily harm, drive in a manner dangerous and negligent driving – occasioning grievous bodily harm, which occurred in Wingen on December 27. The matter was adjourned until July 20 where a plea must be entered.
DINOU, Nikos a 31 year old old from Ellerston did not appear on charges of drive recklessly/furiously or speed/manner dangerous, negligent driving and never licenced. Mr Dinou has failed to contact legal aid, legal aid has been withdrawn. The offences are alleged to have occurred on February 18 at Moonan Flat between 11:15pm and 11:50 pm on the Hunter Road.
HAND, Katrina Rae, a 35 year old from Muswellbrook failed to appear on charges of possess prohibited drug to wit, methamphetamine in South Tamworth on April 25, 2016 and a charge of drive motor vehicle with Illicit drug present in blood 1st offence on April 24, 2016 at South Tamworth. Ms Hand also had a charge of fail to appear at Tamworth Court on November 17, 2016 and a warrant has been issued for her arrest.
HARDING, Jessica Jane – a 22 year old from East Branxton appealed a decision of the RMS regarding a licence suspension. Ms Harding said she was disgusted in herself and that speeding was not ok in any circumstances. She further explained the consequences of speeding were far reaching including emergency services, passerbys, media, families, psychologists, rehabilitation services and the court. Magistrate Prowse recognised Ms Harding needed her licence for work and that she had learned her lesson. “Drive slowly and carefully, thanks for coming.” The appeal was allowed
JACKSON, Fiona Maree a 37 year old from Merriwa appeared on charges of armed without commit indictable offence and stalk/intimidate intend fear physical etc harm on September 18, 2016. Ms Jackson was discharged and the charges were dismissed provided she complies with her treatment plan.
LAKE, Corey David Maurice a 24 year old from Dubbo had a hearing for charges of common assault at Merriwa on April 13, 2016. Mr LAKE also has a charge of fail to appear. The charges were withdrawn as the victim failed to appear for the hearing.
MUDGE, Bradley Raymond an 39 year old from Tamworth appeared on a charge of Drive Under the influence of alcohol 1st offence with methylapmetamine, methylenedioxyaphetamine and morphine the alleged substances. The mater was adjourned until August 24.
NEWMAN, Anthony Robert, a 44 year old from Scone was sentenced to a custodial sentence of 15 months with 7 months non parole given as an aggregate sentence for charges of common assault domesic violence related, intimidate intending to cause fear of physical or mental harm, contravene prohibition /restriction in Apprehended Violence Order.
Mr Newman plead not guilty to an offence of contravene prohibition /restriction in Apprehended Violence Order which will be heard on July 20.
PENFOLD, Darren James a 44 year old from Scone appeared on 2 charges of intentionally or recklessly destroy/damage property being a door and a wall clock in April 2017. The matter was adjourned until August 24 with bail to continue.
PINKERTON, Ashley John a 37 year old from Parkville appeared on charges of intentionally or recklessly destroy/damage property being a wooden door, wooden door jam and a ceramic pot and a charge of common assault. The Magistrate expressed his annoyance that Mr Pinkerton continued to reoffend. “There has to be a time when he has run out of community based options”. Mr Pinkerton’s solicitor, George Fraser explained alcohol had been an aggravating factor and Mr Pinkerton had given up drinking. Magistrate Prowse said, “Henry Ford who had no redeeming features whatsoever did say, ‘one step at a time is the way forward’ and that was the only thing he ever taught anyone.” Magistrate Prowse ordered an assessment for serving a gaol sentence in the community but warned “that does not mean it will occur”. “Be prepared to go off in the back of the truck, because that is still the most likely outcome.” The matter was adjourned until August 24.
PRITCHELL, Ashlie Natali Alice a 22 year old from Scone had pled guilty to a charge of cultivate prohibited plant, which was cannabis found on December 8, 2016. Ms Pritchell failed to appear in court and a warrant was issued for her arrest.
REICHEL, Thomas Leslie a 25 year old from Parkville had charges including stalk and intimidate, intimidate police, two counts of common assault, two counts of destroy or damage property and exclude person attempt to re-enter premises. The charges related to an incident at the Belmore Hotel on September 2 last year when Mr Reichel was ejected from the hotel and allegedly proceeded to damage a fly screen and gas bottles and “used both hands to shove Caldwell (of the Belmore Hotel) in the face” and during transportation to the Muswellbrook police station “whilst in the rear of the caged vehicle he began a constant tirade of abuse and threats levelled mainly towards Senior Constable Bidner”. The matter was adjourned until August 21.
ROBERTSON, Robin a 53 year old from Scone appeared to appeal the RMS decision to suspend her licence due to demerit points. Magistrate Prowse Ms Robertson had appeared in court in November last year and he had held the matter over until June to see if she was able to improve what he described as abysmal behaviour. “With the greatest respect, even though you are still a young person in my eyes, a person of your age should know better.” Ms Robertson said she had learned her lesson and would not be returning. Magistrate Prowse asked when this blinding realisation had occurred and she responded “when I came before you.” Magistrate Prowse said he was concerned she would reoffend, “if I was looking up the odds on sports bet to see how long it would be before you commit another speeding offence I don’t think the odds would be very good.” “I don’t want to see you again, here at least.” The appeal was allowed.
STEPHENS, Tarnya a 25 year old from Merriwa failed to appear on charges of Stalk or Intimidate Intending to Cause Fear of physical or Mental Harm, two charges of Common Assault, Behave in an Offensive Manner in/near/within view from/within Hearing of a Public Place/School, Use Offensive Language in/near/within Hearing of a Public Place/School and Drive with a licence expired less than two years . All of these offences are alleged to have taken place in Merriwa on March 28, 2017. Ms Stephens also has a charge of fail to appear from April 20, 2017. A warrant has been issued for her arrest.
STEWARD, Katherine Mary a 46 year old from Gungal has charges of Assault Occasioning Actual Bodily Harm and Common Assault from an incident in Merriwa on September 10, 2016. Ms Steward did not appear in front of the court and Magistrate Prowse was not satisfied that the court attendance notice had been sufficiently served to Ms Steward and has relisted for mention on July 20.
TROCHEI, Peter Anthony Alfred a 36 year old from Haberfield appeared on charges of dangerous driving occasioning grievous bodily harm – drive manner dangerous, negligent driving occasioning grievous bodily harm and not keep left of dividing line – not class B/c vehicle and drive vehicle, illicit drug present in blood etc. The charges relate to an incident on the New England Highway near Wingen on November 10 when Mr Gal Crane was injured, and according to the police statement “at the time of impact the said Peter Trochei was driving the vehicle in a manner dangerous to other persons.” The matter was adjourned until August 24, with bail to continue.
VAN HEES, Jessy a 26 year old from Aberdeen pled guilty to a charge of drive with high range prescribed concentration of alcohol. The offence occurred on June 3 between 12:43am and 12:46am on Kelly Street Scone when Mr Van Hees returned a reading of 0.162. Mr Van Hees is to complete the traffic offenders program and the matter was adjourned until July 20.
WILCOX, Dean Andrew a 22 year old from Mayfield has a charge of not give way to vehicle/pedestrian (stop sign). The offence is alleged to have occurred on December 26 on Glenbawn Road, Segenhoe. A written plea of not guilty was entered but the charges were dismissed.
WINTER, Peter Grahame a 70 year old from Scone was charged with Possess Prohibited Drug, to wit 1.71 grams of methylamphetamine on March 4, in Scone. A plea of not guilty was entered and a hearing has been set for September 22.
THOMSON, Bree Mcenzie a 16 year old from Muswellbrook had a traffic matter drive motor vehicle not comply-seatbelts. The matter was proven and dismissed under section 10.
WOODS, Cody Jon a 22 year old from Murrurundi appeared on charges of negligent driving. Mr Woods explained to Magistrate Prowse that, “a dude hit me in the side” as he was going to park in the middle of a median strip. Magistrate Prowse pointed out that he did not speak fluent American but said Mr Woods had “racked up” a number of offences. “Perhaps outing this over for a long period of time to see if you can behave yourself?” Mr Woods agreed that would be a good idea. Magistrate Prowse said he “was glad you came up with it.” The matter was adjourned to December 21.
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