Scone Court Report: September 2016

THIS month Magistrate Prowse noted if he had an in-car camera he could clear the state’s debt in two trips to Sydney and mused that to understand why the Roads and Maritime Services choose to put speed limits where they do you would need to do a traffic management program.

He also pondered the labyrinth that is Centrelink bureaucracy and while he understands how people may give up he encourages them not to take a head in the sand approach and seek help.

Lastly, he expressed concerns about the similarities in two deaths on the railway line in Scone following the consumption of alcohol at the Scone RSL Club and has decide to re-open the coronial into the death of Mr Lawler.

The following matters came before the Scone Court this month:

BEAUCLAIRE, Cody Lee, a 19 year old from Blandford had a charge of special category driver drive with special range prescribed concentration of alcohol of 0.030 following breath testing on July 26 on the New England Highway, Murrurundi. A guilty plea was entered into and sentencing will be on November 24 after completion of the Traffic Offenders Programme.

BOYCE, Gregory David, an Aberdeen man presented Newcastle district court today in custody and was sentenced with child pornography charges. He was sentenced to two years imprisonment with a non-parole period of 12 months for the offence of possess child abuse material. He also received suspended sentences for use carriage service to access child pornography, use carriage service to send indecent material to person under 16, use carriage service to transmit child pornography to self and fail to comply with order to assist access to data.

BREE, Shannan James, a 41 year old from Gunnedah pled not guilty to a charge of custody of a knife in a public place which was found in a car he was driving. The matter was part heard and will continue in Quirindi on December 22.

BROWN, Mitchell John, a 22 year old from Murrurundi has a charge of Negligent Driving – no death or grievous bodily harm, the matter was adjourned to Quirindi on October 19.

CARROLL, Andrew John, a 20 year old from Tamworth has a charge of drive motor vehicle during disqualification period in North Tamworth on June 29, 2016. The matter was adjourned to Tamworth on October 31.

COLLISON, John Robert William, a 58 year old from Scone, appeared for sentencing on a charge of drive with low range prescribed concentration of alcohol. Mr Collison delivered a reading of 0.064 on March 27 in Hill Street, Scone. Mr Collison had completed the traffic offenders program. He was found guilty, but no conviction was recorded.

ELLIS, Brendan Joseph, a 30 year old from Scone had a charge of exceed speed limit by 45 kilometres per hour. The offence occurred on the New England Highway on June 11 at 10:35pm. Mr Ellis was travelling 102km/h approximately 50 metres before the 100km/h zone and said he was trying to get to Newcastle for a medical emergency. Magistrate Prowse expressed his wonder at where speed zones are placed and said “it seems you need to do a traffic management course to understand the reasoning behind the placement of speed zones.” Mr Ellis was discharged under section 10 and allowed to drive but to be of good behavior for the remainder of his licence suspension.

GOLDSMITH, Alana Ainse, a 20 year old from Maitland appeared in court for a common assault at Scone on April 24, the matter was adjourned to November 24.

GREEN, John, a 44 year old from Merriwa had a charge of dishonestly obtaining $8,152.86, in relation to defrauding his niece of money from her mother’s will. He was found guilty and will be sentenced on October 20.

HARDES, Malcolm Peter, a 43 year old from Scone pled guilty to a charge of not display registration label but will have a hearing date set on October 20 in relation to a charge of drive behind other vehicle too closely to stop safely.

HAWKSHAW, Jack William, currently in Darwin, was not present but entered a plea of guilty to drive with mid-range prescribed concentration of alcohol. Magistrate Prowse said, “in one of the towns with the highest consumption of alcohol in the western hemisphere he should be able to do the traffic offenders programme there.”  A pre-sentence report was ordered and the matter will be back in court on December 22.

HERBERT, Murray Ernest, a 27 year old from Aberdeen presented on a charge of drive with middle range prescribed concentration of alcohol of 0.096 following testing on April 16 at Macqueen Street, Aberdeen. The matter was adjourned to October 20.

HOLMAN, Grant William, a 45 year old from Murrurundi pled guilty to an offence of common assault on August 28 at Murrurundi. The matter was adjourned to October 20 for sentence with a pre-sentence report ordered.

KEANE, Mathew Luke, a from Abermain presented on a charge of drive while licence suspended. The matter was referred to Kurri Kurri court on November 3 where he must enter a plea.

KIELY, Samuel Kurt, a 26 year old from Adamstown presented on a charge having goods in custody suspected of being stolen at Merriwa in July. Some prescription medication was found in his possession. Mr Kiely pleaded not guilty and the matter will go to hearing on October 20.

KISI, Elizabeth Laura, a 48 year old from Bunnan presented for hearing on two common assault charges. Both charges were dismissed pending her adhering to a treatment plan.

LAKE, Corey David Maurice failed to attend court on a charge of common assault. A warrant was issued for his arrest.

LOWERY, Brett Wayne, a 22 year old from Merriwa had charges including possess or use prohibited weapon without permit and drive motor vehicle during disqualification period. The matter was adjourned to October 20. A plea must be entered at this time.

MACDONALD, Christopher Edward, a 59 year old from Scone pled guilty to a charge of receive financial advantage from Commonwealth entity. Mr MacDonald owes Centrelink Newcastle $17,156 and has made more than $2,110 in repayments to date. Magistrate Prowse said that Mr MacDonald seemed to be a bloke who had stuck his head in the sand when faced with the complexities of the Centrelink system. The Magistrate further commented that “Centrelink documents are gobbledygook, very complex and poorly designed”. Mr MacDonald was sentenced to be of good behavior for a period of nine months and ordered to repay the remaining debt to Centrelink.

MCGRATH, Kieran John, a 20 year old from Scone presented in custody on charges including assault occasioning bodily harm, reckless grievous bodily harm, possess prohibited weapon/firearm/imitation firearm and carry cutting weapon upon apprehension. The matter was adjourned until November 24, bail was refused and a psychological assessment was ordered.

MOLLER, Sarah, a 23 year old from Budgewoi presented to appeal the RMS decision to suspend her licence. Magistrate Prowse noted her speeding offences were becoming a habit and he hoped he would see here alive after the adjournment in six months time when she is due to reappear on March 23. His advice was to break the habit and come back alive.

O´RANCE, Morgan, a 23 year old from Werris Creek was not in attendance but has entered into a not guilty plea to charges of licence expire less than two years prior, not comply P2 licence by not display P plates and enter enclosed land without lawful excuse. The matter was set for hearing on December 22.

PARKER, Karen Jane a 40 year old from Broken Hill pled guilty on a charge of special category driver drive with special range prescribed concentration of alcohol in March. The matter was adjourned and must be finalised on October 20.

POOLE, Tyler James, a 20 year old from Murrurundi had a charge of drive, licence suspended. A not guilty plea was entered and the matter was set for hearing on November 24.

PRENTICE, Ryan a 20 year old from Kootingal had a charge of P2 driver exceed speed greater than 10km/h being 116km/h in a 100Km/h zone at Murrurundi. The matter was referred to Tamworth on March 14.

RAWLINSON, Darryl John, a 40 year old from Scone entered a written plea of guilty on charges of licence expired less than two years before – prior offence. The matter was put over until October 20 where a plea must be entered.

RUSSELL, Jason a 32 year old from Scone pled not guilty to a charge of common assault in Scone on August 31. The matter is set to be heard on November 25.

SANDY, Craig Anthony, a 40 year old from Rutherford pled guilty to drive a motor vehicle while licence suspended at Cassilis on August 19. The matter was referred to Mudgee for sentence on November 11.

SEICH, Jason Lee a 44 year old from Scone appeared on a charge of drive with low range prescribed concentration of alcohol on August 26 in Scott Street, Scone with a reading of 0.05. The matter is set to be mentioned again on November 24.

SMITH, Paul David, a 42 year old from Nerang pled not guilty to possessing an interfered with unique identifier by displaying an incorrect number plate. Mr Smith was unrepresented and is requesting the court watch four hours of in-car video during the hearing. The matter has been set for hearing on February 2 next year.

WALSH, Jordon David, a 25 year old from Murrurundi presented on a charge of assault occasioning actual bodily harm. The matter has been set for hearing on October 21.

WILSON, Nathan Charles, from Dennison presented for hearing regarding a charge of drive in right lane where speed is greater than 80km/h. Mr Wilson maintained he was driving in the right lane for such a long period to be safer when passing the police car and another car. Magistrate Prowse appreciated whilst he was being safe the offence had still been committed and perhaps a plea of guilty with an explanation would have been more efficient. Mr Wilson was fined $200. During the hearing Magistrate Prowse expressed his amazement at the number of people using mobile phones while driving and indicated it must be a national sport to do so in Sydney. He further stated that if he had an in-car camera he could have brought the state out of debt in two trips by the amount revenue in fines he could raise.

WRIGHT, Leonie a 44 year old from Scone was present for a hearing on charges of receive stolen property minor indictable offence and goods in custody. Ms Wright maintained she was sleeping when the stolen property was put in her car and had no knowledge of how it came to be in her possession. Magistrate Prowse commented during summation, “if Ms Wright expects me to believe that then she must believe that I am St Nicholas”. Ms Wright had already spent time in custody and had not come to notice since this incident. She was found guilty of possession of goods in custody and the charge of receive stolen property was dismissed. Magistrate Prowse said he is the only business in town that does not want repeat work and the matter was finalised.

ANDERSON, Robert John v DAVIS, Gary, was a civil case relating to repayment of a loan by Mr Davis to Mr Anderson. The matter was settled out of court prior to the hearing date.

Coronial Matter:

MORGAN, Timothy George Patrick 2015. Magistrate Prowse said the death of Mr Morgan who was struck by a train last year was strikingly similar to the death of Mr Anthony John Lawler in 2010 in terms of the consumption of alcohol at the Scone RSL Club prior to both deaths.

Magistrate Prowse has said he will reopen the coronial case of Mr Lawler and investigate both cases together.

Magistrate Prowse also recalled another incident where a significant injury was sustained to a person under similar circumstances.

The matters will be heard again on November 3.

Read: Previous Court Reports.