Scone Court Report: September 2019

MAGISTRATE David Price presided at Scone Local Court last week and oversaw matters including a brawl in Murrurundi, at which police said there were more than 70 people present, but few reliable accounts of the incident, because witnesses were all moderately to highly intoxicated.

This month there was also the matter of a recovered stolen vehicle, which the person who stole the vehicle explained he had done with good intentions to prevent an old bloke from being taken advantage of by a mechanic and another matter in which a person was charged with drug possession which gobsmacked him because “it is not even enough for a cone.”

Matters this month in Scone Local Court included:

AKBAS, Adam John, a 25 year old from Leumeah had a charge of common assault. The alleged offence occurred between 4am and 8am on September 12 in Scone. The matter was adjourned until October 24.

BESTER, James Alexander Russell, a 63 year old from Scone appeared in court and pled guilty to a charge of exceed speed by more than 20 kilometres an hour. Mr Bester represented himself in court and requested a section 10 for the offence. Magistrate Price said the offence was mid-range in terms of objective seriousness and noted he was an otherwise hard working member of the community, but had a number of driving matters on his record. Magistrate Price said the speed limit was there or a reason, primarily safety and “in my view 82 kilometres is not reasonable”. Mr Bester was convicted and fined $480.

BRENNAN, Trey, a 20 year old from Scone appeared in court and pled guilty to a charge of drive, licence suspended under section 66 of the fines act – first offence. The offence occurred on August 19 at approximately 3:15pm, when Mr Brennan was stopped for a random breath test and police discovered he had been driving whilst his licence was suspended. Magistrate Price ordered a sentencing assessment report and adjourned the matter for sentencing on December 19.

BROWN, Mitchell John, a 25 year old from Murrurundi appeared on a charge of behave in offensive manner in/near public place/school. Please read the report on Brenton Peter Randell’s matters for the police account of the brawl. The Magistrate noted Mr Brown was on a community corrections order at the time of the brawl, had a poor criminal history and said, “just because you’ve had too many schooners and you’re in the vicinity of people punching on doesn’t mean you can get involved.” Mr Brown was convicted given a community corrections order for 9 months and must comply with any drug and alcohol program recommended.

CASLICK, Michael John, a 21 year old from Scone entered a written plea of guilty for a charge of driver of vehicle parked in disabled parking area. The offence occurred on May 15 at approximately 1:20pm in McLoughlin Street, Scone. Mr Caslick was convicted and fined $450.

COX, Dalton, a 21 year old from Scone entered a written plea of guilty to a charge of possess prohibited drug. The offence occurred on August 6 in Scone, when police observed Mr Cox at an address in Birrell Street, identified as a drug premises. Police conducted a search of Mr Cox and found a ‘bud’ of cannabis and a cigarette ‘bumper’ loose in the front left track pants pocket. Weighted 0.06 grams. The accused was arrested and cautioned regarding the item and told police, “I didn’t even know it was there. Look at it Barry, it’s not even enough for a cone.” The matter was adjourned until October 24.

DAVIDSON, Peter John, a 63 year old from Merriwa appeared in court and pled guilty to a charge of drive with middle range concentration of alcohol. 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. Mr Davidson will complete the traffic offenders program and the matter was adjourned until November 21.

EDWARDS, Tammy Louise, a 49 year old from Edgeworth appeared in court on charges of exceed speed by less than 20 km and never licenced person drive vehicle on road – prior offence. The matter was adjourned until November 21.

EVELEIGH, Brenda Joy, a 55 year old from Castle Rock had a charge of steal property as clerk/servant more than $15,000. It is alleged Ms Eveleigh stole property to the value of $49,352.28 the property of Mclean Mechanical which is owned by Robyn and Phillip Mclean. Ms Eveleigh being a clerk/servant of Mclean Mechanical. The matter was adjourned until November 11.

FISHBURN, Thomas Edward, a 35 year old from Scone pled not guilty to charges of goods suspected stolen in/on premises, posses or use a prohibited weapon without permit, owner/occupier knowingly allow use as drug premises, possess unauthorised prohibited firearm and two counts of possess unauthorised pistol. The alleged offences occurred between 4:05pm and 7:35pm on 08/10/2018 in Scott Street, Scone. The goods suspected stolen or in possession without a permit included two black rifle scopes, a pair of brass knuckle dusters, a black BB replica toy browning pistol, a black replica toy pistol scope and a black model P226 automatic air pistol. It is alleged Mr Fishburn, as an occupier, knowingly allowed the premises at Scott Street. The matters were adjourned to Muswellbrook on September 23.

FOX, Aaron Steven, a 41 year old from Aberdeen had charges including two counts of common assault, one count of stalk/intimidate intend cause fear physical harm etc, one count of destroy or damage property and two counts of intentionally choke etc person without consent. The alleged offences occurred between 8:30pm on April 21 and 1:28am on April 22 in Aberdeen. The damage to property was a mobile phone and car key. The matters were adjourned until October 24.

GLASS, Jesse Aaron, a 22 year old from Willow Tree had a charge of drive motor vehicle while licence suspended. The alleged offence occurred on August 23 at approximately 7pm in Scone. The matter was adjourned until October 24.

HAWKSHAW, Jack William, a 22 year old from Scone and pled guilty to charges of stalk/intimidate intend fear physical etc harm and destroy or damage property. The offences occurred in Scone on May 11 at approximately 5:30pm. The property destroyed was a decorative lantern and a letter box. A sentencing assessment report was ordered and the matters were adjourned until December 19.

HAYNE, Steven Andrew, a 39 year old from Moonan Flat pled guilty to a charge of exceed speed by more than 10 kilometres. The offence occurred on April 20 at approximately 10:06am when Mr Hayne was driving at 122 kilometres an hour in a 100 zone on Gundy Road. Mr Hayne will attend the traffic offenders program and the matter was adjourned until November 21.

HOULTON, Jessie, a 27 year old from Martindale appeared in custody on charges of destroy and damage property and town charges of common assault. The alleged offences occurred on September 13 in Muswellbrook. The Magistrate noted he was on parole, had a history of violence and that Mr Houlton had “behaved in a very poor and violent manner” and presents a danger to the victim and community at large. Bail was denied.

HOWLAND, Robert Paul, a 44 year old from Muswellbrook pled guilty to a charge of common assault. The assault occurred at approximately 12:30pm on November 11 at Glenbawn Dam. Mr Howland had gone to the Reflections Holiday Park at Lake Glenbawn to retrieve his boat which had been stored at the Park for eight months. Peter Drew, an employee of the Park, explained there were storage fees owed on the boat and Mr Howland became aggressive and began arguing with Mr Drew. Colin Rolles, the site manager saw the argument escalating and tried to intervene, pushing the two men apart. Mr Rolles asked Mr Howland to calm down at which point Mr Howland spat in his face. Mr Rolles instinctively threw a punch, connecting with Mr Howland’s face. Witnesses intervened, restrained Mr Howland and phoned the police. Mr Howland left the Park before police arrived and so they attended his home in Muswellbrook. Mr Howland said he had yelled at Mr Rolles to “stop spitting in my face or I’ll spit in yours”, before spitting on him. Mr Howland then said the next thing he knew he was on the ground with the witness on top of him ‘choking him out’. The Magistrate said in terms of objective seriousness he considered it at the low to middle range, but said spitting at somebody is not safe and should not be condoned, “people will annoy you immensely but you can’t spit at them!” Mr Howland was convicted and given a community corrections order with supervision for 12 months.

HUNTER, Donna Gai, a 47 year old from Richmond entered a written plea of guilty to a charge of drive with high range prescribed concentration of alcohol – second offence. The offence occurred between 7:20pm and 11pm, on April 6, Bettington Street, Merriwa. Ms Hunter was known to police for high range drink driving. Ms Hunter had understeered on a right hand bend of Bettington Street and the front left hand side the vehicle collided with a garden planter box causing the vehicle and trailer to bounce and roll approximately six times before coming to a stop in a vacant lot smashing into a fence. When police arrived Ms Hunter was still in the vehicle and returned a roadside reading of 0.241. Ms Hunter had sustained an injury to her arm and was taken to Muswellbrook Hospital. Ms Hunter told police, “I was driving along the Golden Highway at 80 km an hour and that’s all I remember”. The matter was adjourned to Windsor on October 31.

JAMES, Paul Stephen, a 46 year old from Armidale had charges including drive recklessly/furiously or speed/manner dangerous, resist officer in execution of duty, assault police officer in execution of duty and cause actual bodily harm, assault police officer in execution of duty, resist person aiding officer and drive with high range prescribed concentration of alcohol. 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 matters were adjourned until November 21.

LANE, Melissa Kay, a 45 year old from Mogo appeared in court and pled guilty to charges of drive motor vehicle during disqualification period, possess/attempt to, prescribed restricted substance, drive with middle range prescribed concentration of alcohol, dishonestly obtain property by deception, receive etc property stolen outside NSW more than $15,000 and receive etc property stolen outside NSW more than $15,000. The drive with middle range prescribed concentration of alcohol occurred on July 22 at approximately 10:33pm in Woy Woy, when Ms Lane returned a reading of 0.080. Ms Lane told police she had drank one bottle of rose between 7:55pm and 10:15pm. A sentencing assessment report was ordered and the matters were adjourned to Mudgee on December 17.

MCCREANOR, Michael John, a 58 year old from Quirindi had charges of steal motor vehicle and dispose motor vehicle part – theft serious indictable offence less than $5,000. Between 6am and 6pm on July 20 Mr McCreanor abandoned of a white Chevrolet utility on a railway siding near Halls Road, Murrurundi. The vehicle was the property of Charles Richardson and had previously been reported as stolen. Mr McCreanor attended the police station and openly admitted to taking Mr Richardson’s vehicle. He explained that Mr Richardson was the father of his partner and had dementia. He told police Mr Richardson had been continually taking the vehicle to a mechanics in Willow Tree for costly repairs. Mr McCreanor said it was costing Mr Richardson a fortune and since he had dementia he felt he may he may have been taken advantage of and decided to take the car from him. Mr McCreanor took the key to the ute and later went to Mr Richardson’s and took the car, which he stored in his shed at his home in Murrurundi. When Mr McCreanor was moving he realised he had to get rid of the vehicle and dumped it near the railway siding, anticipating the Council would then dispose of the ute. Mr McCreanor admitted to police that what he had done was stupid and in his mind he felt he was ‘doing the old bloke a favour as he couldn’t see he was being taken for a ride by the mechanic.’ Mr Richardson had claimed insurance on the stolen ute and received $14,000. In relation to the insurance claim, Mr McCreanor told police his partner had only just been made aware of the situation before he came to the police station and “she wasn’t happy”. McCreanor told police nobody else was made aware at any stage that he had stolen the vehicle “as the only way to do it was to keep it to himself”. The police described Mr McCreanor as “quite blunt and honest” with them and said he continually apologised. Police said Mr McCreanor understood criminal prosecution would be brought against him and agreed “he brought it on himself”. The matter was adjourned to Quirindi on October 23.

MCLOUGHLIN, Aaron James, a 25 year old from Muswellbrook pled guilty to a charge of behave in offensive manner in/near public place/school. Please read the report on Brenton Peter Randell’s matters for the police account of the brawl. Mr McLoughlin was convicted of the offence and given a six month community corrections order.

MUJAMMAMI, Fahad Jubran A, a 28 year old from Callaghan had two charges of exceed speed by more than 10km an hour. The offences occurred on August 18 and September 8 on the New England Highway in Blandford. The matter was adjourned until October 24.

MURPHY, Jill Margaret, a 52 year old from Murrurundi had charges of stalk/intimidate intend fear physical harm, drive recklessly/furiously or speed/manner dangerous and common assault. The matters were adjourned for hearing on March 19, 2020.

NAGLE, Kelly Joan, a 47 year old from Toronto pled guilty to a charge of drive motor vehicle during disqualification period. The offence occurred on July 14 in Scone at approximately 9:30pm. The matter was adjourned to Toronto for sentencing on October 25.

OOR, Joshua, a 20 year old from Scone pled not guilty to a charge of break and enter dwelling – house etc with intent to steal. The alleged offence occurred between 10pm on January 9 an 12pm on January 10 at Gundy Road, Scone. The matter was adjourned until October 24.

PHILLIPS, Timothy Robert, a 47 year old from Bateman’s Bay pled not guilty to a charge of common assault. The alleged offence occurred between 12:30am and 1:11am on January 1 at Moonan Flat, the alleged victim was David Hollinger. The matter was adjourned for hearing on October 25.

RANDELL, Brenton Peter John, a 29 year old from Aberdeen entered a written plea of guilty to a charge of behave in offensive manner in/near public place/school. The matter also includes the co-accused Nathan James Randell, Mitchell John Brown, Aaron James McLoughlin and Talissa Robinson. According to the police facts the following occurred:

On Friday, February 15, Brenton Randell and his step brother Nathan Randell, stepped outside the Royal Hotel in Murrurundi onto Mayne Street. Nathan Randell was not happy with the way Brenton Randell had been treated by another male inside the hotel and wanted to fight the other male. The step-brothers began pushing and arguing with each other, when Mitchell Brown intervened and attempted to stop them. Megan McLoughlin, who was working behind the bar heard the fight, went out to attempt to stop the fight and was knocked backwards onto the ground. Megan’s brother, Aaron McLoughlin saw he knocked to the ground and then became involved in the street-fight. Witnesses at the hotel called 000. Police were dispatched from Scone and ambulance were dispatched from Murrurundi to the fight. Witnesses say Aaron McLoughlin walked away shortly after 000 was called.

Talissa Robinson, the girlfriend of Brenton Randell then became involved in the brawl. As the brawl escalated witnesses continued to call 000. When ambulance arrived they took Brenton Randell and Talissa Robinson to the Wilson Memorial Hospital in Murrurundi. When police arrived 20 minutes later, they saw “about 60 to 80 very intoxicated persons both in Mayne Street and also Murulla Street directly outside the Royal Hotel where they had obviously been drinking.” Police attempted to speak to numerous witnesses at the scene, but “all were well intoxicated, most refusing to provide any witness version to police.”

Police then went to the residence of Mitchell Brown and were met by Mr Brown walking out from his front door rubbing his eyes and initially denied being at the fight, but later admitted to being involved and claimed he was ‘king hit by some crazy chick’. Aaron McLoughlin was standing in the background quietly, with his shirt ripped, wearing the same clothing described by witnesses during 000 calls.

As police were on their way to the Wilson Memorial Hospital, they received a call from the ambulance about an aggressive male in the car park. Nathan Randell had gone to the hospital and had been swearing and yelling and hitting walls. He was taken home by his mother.

Brenton Randell and Talissa Robinson were in the emergency department being treated. Police report that Ms Robinson was so intoxicated she could not speak to police, only grunt and held her head in a vomit bag the entire time. Brenton Randell said he could not remember anything about what had happened and also was very intoxicated.

Aaron McLoughlin approached police the following night and apologised for his actions. He was cautioned by police and stated he realised how serious it could have been. He said he was going to the aid of his sister and was acting in her defence. The police explained it was “not exactly defence as it happened after the fact of her being knocked to the ground and could probably be seen as retaliatory.” Aaron McLoughlin agreed with police and again apologised.

Nathan Randell was spoken to by police and cautioned. Police stated that although he may only have had a minor part to play in the brawl, his actions and anger against his step brother outside the hotel, ultimately led to the involvement of other parties and the commencement of the brawl.

Based on the information provided to police and their observations on scene all persons were moderately to well affected by alcohol. They can attribute no single act to initiating the brawl, with numerous contributing factors. Police had difficulty obtaining reliable versions of events from witnesses due to intoxication levels and their unwillingness to provide information or become involved.

Mr Randell’s matter was adjourned until December 19.

RANDELL, Nathan James, a 25 year old from Murrurundi failed to appear on a charge of behave in offensive manner in/near public place/school. Please read the report on Brenton Peter Randell’s matters for the police account of the brawl. The matter was adjourned until December 19.

RAWLINSON, Darryl John, a 43 year old from Scone had a charge of possess prohibited drug. The alleged offence occurred on August 6 at approximately 11:20am in Scone, when Mr Rawlinson was found in possession of cannabis leaf. The matter was adjourned until October 24.

ROBBINS, Barry John, a 57 year old from Merriwa appeared in court and pled not guilty to 11 charges including three counts of break and enter house etc steal value less than $60,000, two counts of larceny value more than $5,000 but less than $15,000, two counts of enter enclosed land not prescribed premises without lawful excuse, one count of larceny value more than $2,000 ad less than $5,000, one count of enter building/land with intent to commit indictable offence and two counts of destroy or damage property. The matter is set down for hearing on November 18 and 19.

ROBINSON, Talissa, a 29 year old from Aberdeen had a charge of behave in offensive manner in/near public place/school. Please read the report on Brenton Peter Randell’s matters for the police account of the brawl. Ms Robinson was convicted and given a community corrections order for six months.

SIMPSON, Gordon Maxwell, a 64 year old from Murrurundi appeared in court and pled guilty to interlock licence holder not have approved device installed, drive with high-range prescribed concentration of alcohol – second offence and drive motor vehicle during disqualification period. 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. A full sentencing assessment report was requested by the Magistrate and the matters were adjourned for sentencing on November 21.  

SPITERI, Matthew, a 42 year old from Merriwa pled not guilty to charges including excluded person fail to leave premises when required, resist officer in execution of duty and use offensive language in/near public place/school. The matters were adjourned until October 24.

SULLIVAN, Susan Robin, a 73 year old from Woolooma made an appeal for a decision made by the Roads and Maritime Authority. The matter was adjourned until October 24.

WADE, Tammy Louise, a 49 year old from Edgeworth pled guilty to a charge of never licenced person drive vehicle on road – prior offence, but failed to appear in court. The offence occurred on August 8 at approximately 7:25am at Edgeworth. The matter was adjourned until December 19.

WADWELL, Brendan James, a 32 from Scone pled guilty to a charge of drive with middle range prescribed concentration of alcohol. Police observed Mr Wadwell crossing double white lines while they were conducting random breath testing on September 7 at approximately 5:04pm on Satur Road, Scone. Mr Wadwell returned a reading of 0.147 and told police he had consumed three or four 375ml cans of Superdry between 3:30pm and 4:30pm at a local football game. The matter was adjourned until November 19.

WALKER, Nicholas, a 20 year old from Scone pled not guilty to a charge of common assault. The alleged offence occurred between 1am and 1:05pm on August 4, in Scone. The matter was adjourned until November 19.

WHITEHEAD, Mitchell Jon, a 21 year old from Denman had charges of drive with middle range prescribed concentration of alcohol, possess or use a prohibited weapon without permit and possess prohibited drug. The alleged offences occurred at approximately 4:15am on May 4 on the New England Highway in Scone, when Mr Whitehead returned a reading of 0.117 and was in possession of 2.4 grams of methylenedioxy-methamphetamine (MDMA) tablets. The matters were adjourned until October 24.

WILCOX, Barry Gordon, a 66 year old from Scone had charges of sexually touch another person without consent and incite other to do sexual act with them without consent. The alleged offences occurred at approximately 12pm on June 7 in Scone. The matters were adjourned until October 24.

WYNWOOD, Narelle, a 43 year old from Tamworth failed to appear on 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 until November 21.

Read more court reports: Scone Court Reports – Previous.