Scone Court Report: November 2019

MATTERS before Scone Local Court in November included the following:

ALLEN, John William, a 34 year old from Scone, appeared and pled guilty to charges of drive with low range prescribed concentration of alcohol – second offence and drive motor vehicle during disqualification period- first offence. The offence occurred on Noblet Road, Scone on September 11 at approximately 10:05am, when Mr Allen returned a reading of 0.058. Mr Allen had been charged with high range drink driving in July, 2018 and a bond will need to be called up. A presentence report was ordered and the matter was adjourned until January 22. 

BARTLETT, Gerald Lawrence Lee, an 83 year old from Gunnedah had a charge of use unregistered registerable vehicle on road. The offence occurred on June 9 at approximately 12:28pm on the New England Highway in Aberdeen. The matter was dismissed.

BEETON, Ann-Maree, a 42 year old from Windsor had charges of drive licence suspended – first offence and fail to notify authority of change of address. The offence occurred on October 5 at approximately 8:35pm in Scone. Ms Beeton was fined $700 and disqualified from driving for three months.

BRABANT, Jamie Neil, a 37 year old from Scone pled guilty to a charge of drive with middle range concentration of alcohol – first offence. November 15, 11:50pm Liverpool Street, Scone. 0.119 3 schooners of full strength beer and one glass of bourbon and cola. The matter was adjourned until December 19. 

BRANDON, Jennifer Esther Rosita, a 30 year old from Bondi Beach, appeared in court and pled guilty to a charge of drive with middle range prescribed concentration of alcohol – first offence. The offence occurred on October 19 on the New England Highway, Scone at approximately 10:50pm when Ms Brandon returned a reading of 0.101. Police observed Ms Brandon travelling at 85km an hour in a 50km hr zone and overtake another vehicle over unbroken double white lines. Ms Brandon told police she had consumed one 250ml glass of wine in the Hunter Region and refused to answer when she had her last drink. Ms Brandon had two passengers in the car. The matter was adjourned until December 17 in Waverley Court.  

BURNS, Matthew, a 46 year old from Murrurundi was heard on charges including one count of common assault and was found guilty. Mr Burns was charged with one count of assault, which occurred on June 14 between 6:30pm and 7:30pm. A presentence report was ordered and the matter was adjourned until June 14.

BYERS, Robert John, a 27 year old from Quirindi failed to appear on a charge of possess prohibited drug. The alleged offence occurred on November 8 at approximately 8:15pm at Merriwa when Mr Byers was found in possession of 0.43grams of methylamphetamine. Mr Byers was convicted in his absence and fined $500.

CLARK, Peter Wayne Richmond, a 54 year old from Murrurundi pled guilty to a charge of assault occasioning actual bodily harm. The offence occurred between 7pm and 7:40pm on September 20 at Murrurundi. The matter was adjourned until December 19 for sentence.

DAVIDSON, Peter John, a 64 year old from Merriwa, appeared in court, having previously pled guilty to a charge of drive with middle range concentration of alcohol – first offence. The offence occurred on July 29 at approximately 6:28pm, when Mr Davidson was pulled over by police for random breath testing. Mr Davidson returned a reading of 0.098 and told police he had consumed four full strength beers at the Royal Hotel in Merriwa between 3pm and 6pm. Magistrate Donnelly noted that Mr Davidson had only three speeding fines on his driving record dating back to 1978 and described the case and his sentencing as “a rare case and a rare order from me for this offence”. Mr Davidson was given a conditional release order for 12 months without conviction.

DUFFY, Trent, a 34 year old from Muswellbrook made an appeal to the local court for a decision of the Roads and Maritime Services. The appeal was dismissed.

EDMONDS, Kyle Andrew, a 30 year old from Merriwa, appeared for sentence on charges of drive with middle range prescribed concentration of alcohol – first offence, not comply with P1 licence – no P plates and not produce Australian licence, state name, address. The offences occurred in Merriwa on June 9 at approximately 12:58am on Langley Street Merriwa when Mr Edmonds returned a reading of 0.126. Mr Edmonds gave sworn evidence that he did not have a vehicle to place an interlock device on, the prosecution wanted further proof from the RMS as they contended he had vehicles previously registered to him that have not been disposed of. The matter was adjourned until December 16 in Muswellbrook. 

EDWARDS, Tammy Louise, a 50 year old from Edgeworth appeared on a charge of exceed speed by 20 kilometres and never licenced person drive vehicle on road. The offence occurred at approximately 12:01am on May 31 on Macqueen Street, Aberdeen. Ms Edwards was given a community release order for 12 months.

HAINES, Charlie, a 25 year old from Oxley Vale had a charge of goods in personal custody suspected stolen. The items relate to a pair of white jeans and a pair of blue jeans suspected stolen in Scone on August 22. Ms Haines was convicted in her absence and a warrant was issued for her arrest.

HENLEY, Alexander Stuart, a 21 year old from Murrurundi, pled not guilty to charges of drive motor vehicle during disqualification period – second offence, use unregistered registerable vehicle and Motor bike rider not wear/secure approved helmet. The alleged offences occurred on October 3 at approximately 7:05pm at Murrurundi when Mr Henley was riding a viper mountain bike fitted with an after-market combustion engine on the footpath of Mayne Street and was stopped by police. The charge of motor bike rider not wear/secure approved helmet was withdrawn. Magistrate Donnelly said the situation was fairly unique due to the type of vehicle used, noting he was still a young person with his whole life ahead of him to drive, but it was not a matter where he could give a non-conviction order and while he noted Mr Henley’s record could be better, due to all of the circumstances he was given a 6 month disqualification and a community release order without conviction. 

HORVATH, Joel, a 25 year old from Parkville previously pled guilty to an offence of drive with high range prescribed concentration of alcohol – first offence. The offence occurred on October 12 at approximately 1:40am on Liverpool Street, Scone, when Mr Horvath returned a reading of 0.161. Police noticed had no tail-lights and pulled him over near the Waverley Street. They further noted Mr Horvath’s speech was slurred, he was unable to locate his wallet, unsteady on his feet and said he had been drinking at home. Mr Horvath told police he had started drinking at approximately 5:30pm on Friday afternoon and his last drink was at 1:30am on Saturday at the Belmore Hotel and at his residential address. He told police he had consumed 12 cans of full strength Great Northern Beer, three shots of Jagermeister and Red Bull and four cans of Bundaberg rum and cola and had two pies to eat. Mr Horvath was ejected from the Belmore Hotel due to intoxication at 11pm, put into a taxi with his friends and when he was stopped by police informed them he was going back to the pub. Magistrate Donnelly said noted he had a friend in the car which increased the seriousness of the charge and “the main thing about your driving is people get killed”. Mr Horvath was given a 12 month community corrections order, an $800 fine and an interlock for 24 months. Magistrate Donnelly said, “each time you blow into that machine it will remind you why you are doing it, I don’t want to see you in court again and I’m sure you don’t want to come back here.” 

JAMES, Paul Stephen, a 46 year old from Armidale, pled guilty to charges of drive recklessly/furiously or speed/manner dangerous, resist officer in execution of duty, resist person aiding officer and drive with high range prescribed concentration of alcohol and not guilty to charges of assault police officer in execution of duty and cause actual bodily harm, assault police officer in execution of duty. The alleged offences occurred on July 20 at approximately 7:20pm on the New England Highway in Wingen. Mr James returned a breath analysis reading of 0.214. The matter was adjourned until April 23.

JONES, Andrew Ronald, a 44 year old from Scone pled guilty to a charge of assault occasioning actual bodily harm relating to a charge. The offence occurred on October6 on 7:25pm at Scone. The matter was adjourned until December 19.

JONES, Stephen Charles, a 63 year old from Benowa, Queensland entered a written plea of guilty for use unregistered vehicle on road. The offence occurred on Satur Road, Scone on April 18 at approximately 4:20pm. Magistrate Donnelly noted Mr Jones had no criminal record and a limited number of driving offences. Mr Jones was not convicted.

MCPHEE, Andrew John, a 52 year old from Scone, appeared in court to appeal a licence suspension decision by the Roads and Maritime Services. Mr McPhee’s licence was suspended for six weeks.

MORRIS, Martin Ian Spenser, a 45 year old from Scone sought an annulment for a conviction in his absence and fine of $600, for proceed through red light in a school zone (camera). Mr Morris said he was unaware of the previous court date. The annulment was granted and he entered a plea of guilty. Mr Morris explained he was driving on Pennant Hills Road and had a young horse on board and as they were coming down a hill the horse fell. Mr Morris said there was no safe place to pull over and as a vet nurse and truck driver, he was concerned about reaching a safe place to pull over before the horse killed itself. Magistrate Donnelly noted Mr Morris had never had an offence before the court and had a “pretty good driving record overall”. Magistrate Donnelly asked about the condition of the horse and Mr Morris explained it had sustained minor injuries. Mr Morris was given a community release order for six months, with no conviction.

MUFFETT, Ivy-Jane, a 20 year old from Nelson Bay appeared and pled not guilty to a charge of assault occasioning actual bodily harm. The alleged assault occurred at approximately 3:30pm on November 7 in Scone. The matter was adjourned until January 22.

MURPHY, Jill Margaret, a 53 year old from Murrurundi, appeared and pled not guilty to a charge of contravene prohibition/restriction in apprehended violence order. The matter was adjourned until January 22 and set down for hearing on May 21.

MURPHY, Kathleen Ellen, a 26 year old from Quirindi had a charge of drive, licence suspended. The offence occurred on September 22 at Blandford at 10:08am on the New England Highway. Ms Murphy was given a conditional release order for six months.

PINKERTON, William Graham, a 31 year old from Moonan Flat appeared and pled guilty to a charge of drive, licence suspended. The offence occurred at approximately 11:40am on October 19 in Merriwa. The matter was adjourned until December 19.

POTTER, Stephen James, a 51 year old from Murrurundi, appeared in court to appeal a decision by the Roads and Maritime Services for exceed speed limit by 10 km. The matter was proven and no further action was taken.

SEVIL, Melinda Josephine, a 24 year old from South Tamworth appeared and pled not guilty to a charge of common assault. The alleged offence occurred between 4:40pm and 5:20pm on June 14 at Murrurundi. The matter was adjourned until December 20.

SEVIL, Rita Maree, a 32 year old appeared and pled guilty on a charge of drive vehicle, illicit drug present in blood – first offence and pled guilty. The offence occurred on August 17 in Murrurundi at approximately 6:55pm when methylamphetamine was detected during testing. After examining Ms Sevil’s driving record, Magistrate Donnelly asked, “you’ve never committed a driving offence since 2014?” To which Ms Sevil said she had not and expressed remorse for her actions. Magistrate Donnelly said due to her pristine driving record he would impose a non-conviction conditional release order, but warned any offences during that time would result in the matter coming back before the court.  

SIMPSON, Gordon Maxwell, a 64 year old from Murrurundi appeared in court having previously pled guilty to interlock licence holder not have approved device installed which was withdrawn, drive with high-range prescribed concentration of alcohol – second offence (mandatory interlock 48 months, intensive correction order 10 months) and drive motor vehicle during disqualification period(fined $900, disqual 8 months). The offence occurred on July 31 between 12:30pm and 12:40pm in Murrurundi when Mr Simpson returned a reading of 0.234. The police facts noted that Mr Simpson “has a lengthy traffic history involving alcohol related offences.” Mr Simpson’s vehicle was flagged to police as a disqualified driver and police pulled him over. Mr Simpson was breath tested and told police he had only had “a couple of ports” between 12pm and when police stopped him less than an hour later. Mr Simpson was supposed to have a mandatory alcohol interlock system in place, which costs $250 per month, but said he couldn’t afford it. Magistrate Donnelly said he was a person of otherwise good character, but was before the court again on a driving charge. Magistrate Donnelly described the 0.234 reading as “extraordinary” and said the court was looking to protect the community as such readings “get people killed.” Magistrate Donnelly said Mr Simpson had crossed the custodial threshold and while a health condition may explain his behaviours, it “doesn’t excuse it”. Mr Simpson was given an intensive corrections order for 10 months and warned that if he breached the conditions of the order he would go before thee parole authority, not the court. Mr Simpson was also fined and disqualified from driving for eight months.

STANTON, Dennis John, a 54 year old from West Tamworth pled not guilty to charges of supply prohibited drug indictable and commercial quantity and possess prohibited drug. The alleged offences occurred on September 8 in Scone at approximately 2:50am, when police state Mr Stanton was in possession of 6.8 grams of methyl-amphetamine 6.8grams. The matter was set down for hearing on February 20.

TAYLOR, Jake, a 23 year old from Aberdeen had a charge of common assault and stalk/harass/ intimidate which occurred on August 18 in Scone at approximately 2pm. A pre-senetnce report was ordered and the matter was adjourned until January 22.

WADE, Amy Maree, a 32 year old form South Tamworth appeared and pled not guilty to charges of stalk/intimidate intend fear physical harm and common assault. The alleged offences occurred between 4:40pm and 5:20pm on June 14. The matter was adjourned until January 20.

WHITELEY, Jason Michael, a 49 year old from Merriwa, appeared on charges of appeared on charges of drive with low range prescribed concentration of alcohol – first offence and drive with middle range prescribed concentration of alcohol – second offence. Both offences occurred on May 15. The first offence occurred at approximately 4:30pm on Marquet Street, Merriwa when Mr Whiteley returned a reading of 0.072. Mr Whiteley told police he had had consumed three schooners of light beer at the Royal Hotel and a 750ml long neck of Victoria Bitter. The second offence occurred later that day at approximately 9:20pm, when Mr Whiteley returned a reading of 0.116 on the Golden Highway. When Mr Whiteley exited his vehicle he was observed to be unsteady on his feet and was aggressive towards police. The Magistrate seemed confounded when he sought to clarify that the two offences had occurred on the same day and questioned, “does that mean he was arrested and then got back in the car?” The Magistrate said by virtue of logic from being low range, then reaching mid-range within several hours, clearly Mr Whiteley had continued to drink in that time, which Mr Whiteley’s solicitor confirmed was the case. Mr Whiteley’s solicitor argued that Mr Whiteley did not have any aggravating features such as the manner of his driving bringing him to the attention of police or passengers in the vehicle. However, Magistrate Donnelly pointed out, “what about the aggravating factor that his licence had been taken off him?” Magistrate Donelly said Mr Whiteley had three drink driving offences on his record, including a high-range offence in 2015 and said Mr Whiteley getting back in his car on the same day he was arrested was a very serious offence and the community must be protected, as most fatalities happen when the person is intoxicated. “You decided to drive your car even though you’d been arrested….it is risky and dangerous not just for you, but the community…your criminal history shows a continued attitude of disregard in relation to drink driving.” For the low range drink driving offence Mr Whiteley was fined $1,000 and disqualified from driving for six months. For the mid-range drink driving he was given an intensive correction order for 8 months and a mandatory interlock period of 24 months. Magistrate Donnelly said if Mr Whiteley breached the order he would go before the parole board, which can convert the order to full time imprisonment.  

WIGGINS, Daniel Scott, a 30 year old from Murrurundi pled guilty to a charge of drive with middle range prescribed concentration of alcohol – first offence. The offence occurred on September 11 on the New England Highway at Murrurundi when Mr Wiggins returned a reading of 0.085. Mr Wiggins told police he had consumed four schooners of Toohey’s New between 5:45pm and 10:05pm at the pub. Mr Wiggins solicitor argued the nature of sentence could cause hardship for Mr Wiggins, however Magistrate Donnelly said “it’s not hardship, it’s just the consequences of this actions.” Magistrate Donnelly noted Mr Wiggins had a pristine driving record, had never committed a criminal offence and said 13 years of not offending does carry some weight with me. Mr Wiggins was given a community release order for 18 months and his licence was returned.

WYNWOOD, Narelle, a 43 year old from Tamworth had a charge of licence expired less than 2 years before. The alleged offence occurred on August 11 in Blandford at approximately 1:40pm. The matter was adjourned to Tamworth on December 2.

Read: Previous Court Reports.