Scone Court Report: August 2018

Filed in Feature, Recent News by August 24, 2018

IN court this month Magistrate Soars noted the high prevalence of drink driving in such a small community. She noted drink driving offences occurred throughout other areas where she presides but said, “it appears to be even more prevalent when I am sitting down here and people seem blasé.”

The following matters appeared before Scone local court this month:

ANDERSON, Louise Marie, a 41 year old from Muswellbrook breached a section 9 bond. The Magistrate said she would take no action as Ms Anderson was now complying with the conditions of the bond.

ATKINSON, Melissa, a 32 year old from Scone pled guilty to a charge of drive with low range prescribed concentration of alcohol. The offence occurred on August 3 at approximately 10:48pm when Ms Atkinson returned a reading of 0.064when she was stopped for random breath testing on Satur Road, Scone. The Magistrate noted Ms Atkinson had no previous record and offered her the opportunity to attend the traffic offenders program, which she committed to undertake. The matter was adjourned until October 18.

BAKER, Mark Dion, a xx year old from xx had charges of never licensed person drive vehicle on road and driver or rider state false name or home address…

BARTON, Jessica Ann, a 31 year old from Warranambool in Victoria pled guilty to a charge of drive high range prescribed concentration of alcohol. On May 13 Ms Barton was stopped by police on the New England Highway in Aberdeen at approximately 1:53pm and returned a reading of 0.166. In her police statement Ms Barton said she had consumed her first drink at 8pm on the previous day and her last at 1am. Ms Barton said she had consumed one tequila, 4 to 5 Campari and sodas, 2 to 3 margarita cocktails, French fries, tapas and a cheese platter at a friend’s place in Matraville and at the Paddington Green Hotel Paddington and drove to Scone the next day for the yearling sales.  Police noted she seemed moderately affected by alcohol, but Ms Barton said, “I felt fine. I thought I was ok.” The Magistrate noted the aggravating factor of exceeding the 50 kilometre an hour speed limit by 30 kilometres. The Magistrate disqualified Ms Barton from driving for 9 months, imposed a mandatory interlock period of 24 months, was given a section 9 good behavior bond of wo years and fined $500. The Magistrate explained to Ms Barton that if she was to breach the bond she may potentially go to goal.

CABAN, Raymond Tony, a 26 year old from Muswellbrook appeared in in custody for breach of bail conditions. The matters were adjourned to Tamworth on October 3 and a presentence report was requested.

CARTER, Alex David, a 32 year old from Toronto had two charges of common assault and one charge of stalk/intimidate intend fear physical harm and destroy or damage property. The matters are set for hearing on September 21.

CARTER, Jodi, a 48 year old from Merriwa was appealing a decision by the Upper Hunter Shire Council relating to owning a dog which attacks people. A witness in the Council’s case was unable to attend and both matters were adjourned until November 23.

COCHRANE, Joell, a 20 year old from Muswellbrook pled guilty to a charge of assault occasioning actual bodily harm. The offence occurred on October 2, 2016 and the Magistrate noted it was only just coming before the court. Mr Cochrance assaulted Mr Fittock after Mr Fittock shot the family dog. Fittock initially denied shooting the dog, which he believed to be a wild dog claiming he was concerned for his own welfare if he had told Mr Cochrane the truth. Later that day when Mr Fittock admitted to shooting the dog, Mr Cochrane punched him in the side of the head. After the punch, Mr Fittock described in the police statement that Mr Cochrane “had backed away a couple of metres and looked pretty terrified. I think he realized what he had done. As a result of the punch Mr Fittock sustained a fractured eye socket, bruising and a laceration. The police determined Mr Fittock had complied with gun licence and wild dog legislation. Mr Cochrane’s solicitor argued while the offence was serious, the last two years demonstrated he had not reoffended and he was distressed at the death of a much loved pet. Magistrate Soars said she recognized Mr Cochrane had shown remorse and there were extenuating circumstances, however balanced that the court must look at sending a message of general deterrence to the community. The Magistrate placed Mr Cochrane on a section 9 bond for 2 years and $750 fine. The Magstrate warned Mr Cochrane that if there was any further offending, particularly something of the same nature there could be a goal sentence.

COX, Dalton Henry, a 20 year old from Scone had three counts of dishonestly obtain property by deception, one count of behave in offensive manner in/near public place/school, aggravated deposit litter, break bottle/glass/syringe in public place and drive vehicle illicit drug present in blood. The matters were adjourned until September 20.

CUMMINS, Kara, a 26 year old from Ireland had a charge of drive with middle range concentration of alcohol. Returned a reading of 0.107 on June 16 at Liverpool Street, Scone. She was convicted fined $500 and given a six month disqualification from driving.

CUNNINGHAM, Michael, a 48 year old from North Lambton appeared in custody to apply for bail on charges of armed without commit indictable offence and assault occasioning actual bodily harm. The  appeal for bail was refused. The matter was adjourned until September 21.

FARRELL, Jane Belinda, a 34 year old from Muswellbrook pled guilty to a charge of larceny and two counts of dishonestly obtain property by deception. On May 9 at approximately 7pm, Ms Farrell had found a tan coloured clutch containing a mobile phone and credit cards in the Woolworth’s car park in Scone. Ms Farrell used the cars to purchase $35.45 worth of food from Domino’s Pizza in Scone and two packets of cigarettes for $86.98 from ice Box Liquor in Scone. Ms Farrell’s solicitor, Mr Diggins said while she recognised what she had done was wrong, she had used the cards to feed her son and did not continue to use the cards. Magistrate Soars described the crime as opportunistic and noted Ms Farrell’s very limited record. Ms Farrell was given a section 9 good behavior bond for 12 months.

FINNERAN, Paull Raymond, a 33 year old from Aberdeen pled guilty to a charge of utter prescription which includes prohibited drug. On February 5 at approximately 1:06pm Mr Finneran attended the Aberdeen Pharmacy and gave them a forged prescription for Fentanyl. The pharmacist identified it as being forged and told Mr Finneran it would not be available until the next day, once he left he contacted the police. Mr Finneran was given a section 9 bond for 18 months.

FITZSIMMONS, Samuel Ralston, a 22 year old from Aberdeen pled guilty to a charge of drive with low range concentration of alcohol. The offence occurred on June 3 at approximately 12:25am on LiverpoolStreet, Scone, when Mr Fitzsimmons returned a breath analysis test of 0.62. Mr Fitzsimmons was given a good behavior bond for 12months.

GIBB, Emma Louise, a 28 year old from Scone pled guilty to charges of drive with middle range concentration of alcohol – second offence and fail to notify authority of change of residential address. The offence occurred on June 27 at approximately 9:05pm when police pulled Ms Gibb over for a random breath test and she returned a reading of 0.131. The Magistrate said “for a young woman to have a blood alcohol as high as that and to have to be supported by police out of the car is concerning.” The Magistrate was considering a section 9 bond, which the defence argued was a harsh penalty however the Magistrate noted “some of my colleagues put people in goal for mid-range and the message in this small community does not seen to be getting through.” The Magistrate also took into consideration that Ms Gibb did not have any other matters on her record and had complied with her last bond for drink driving. Magistrate Soars gave Ms Gibb a $500 fine, a disqualification from driving for 6 months and an 18 month section 9 good behavior bond. The Magistrate further warned Ms Gibb, “if you are going to drive, don’t consume any alcohol, because if you do it again you could go into custody.”

IONGI, Sione Ofa- He-Mooni, a23 year old from Scone had a charge of assault occasioning actual bodily harm. The matter was adjourned to Tamworth on September 17.

KING, Cassidy Glen, a 23 year old from Ellalong had a charge of drive motor vehicle while licence suspended. Mr King was given a section 10 bond.

KRYLOFF, Casey June, a 29 year old from Bonnell Bay pled guilty to a charge of possess prohibited drug. The offence occurred on June 1 at approximately 1:05am when Ms Kryloff was found in possession of 0.3mg of cocaine. Police had stopped her vehicle for the purpose of a random breath test when they noted the smell of cannabis in the car. Police conducted a search of the vehicle and found the cocaine in a container of bubblegum flavoured Extra chewing gum. The matter was adjourned until September 12 in Wyong court.

MANNING, Clinton John, a 38 year old from Scone had charges of licence expired two years or more before, not kept left of median strip motor vehicle, drive recklessly/furiously or speed/manner dangerous – second offence, overtake vehicle when unsafe and operate vehicle/vessel so as to harass/intimidate person. The matters were adjourned until September 20.

MCDONALD, Stephen James, a 48 year old from Murrurundi pled guilty to a charge of take and drive conveyance without consent of owner. The offence occurred between 8:30pm on April 7 and 6:20am on April 8, when Mr McDonald took the Mitsubishi Sigma station wagon belonging to Susan Cooper. Mr McDonald slept in the car and conceded what he had done was wrong. The Magistrate asked if there had been any damage to the car and was told there had not been. The Magistrate said the crime was opportunistic and gave Mr McDonald a section 9 good behavior bond for 18 months. She further warned if there was any further offending that it could carry a five year gaol term.

MCNAMARA, Leanne Joan, a 47 year old from Muswellbrook pled guilty to a charge of destroy or damage property. The offence occurred on June 21 in Murrurundi between 2:20pm and 5:22pm,when Ms McNamara destroyed glass in a wall unit and picture frames. The matter was adjourned until September 20.

MILES, Martin Thomas, a 27 year old from Coopernook appeared and pled not guilty to a charge of goods in personal custody suspected being stolen. The alleged offence relates to stolen number plates. The matter was set down for hearing on October 19.

NORTON, Brendan, a 19 year old from Scone had charges of behave in offensive manner in/near public place/school and intimidate police officer in execution of duty without actual bodily harm. The matter was set down for hearing on September 21.

O’BRIEN, Maritess Ondevilla, a  year old from Gunnedah had charges of drive motor vehicle during disqualification period and supply prohibited drug. The alleged offences occurred on July 22 in Murrurundi. Police had earlier dealt with two females who had been with the accused and had been running out onto the New England Highway into the path of ongoing vehicles and were heavily affected by illicit drugs. The females told police they were travelling from Sydney back home to Gunnedah and they had consumed meth in the park. Police broadcast a description of the vehicle Ms O’Brien was driving and at approximately 5:12pmthe vehicle was stopped in Adelaide Street, Murrurundi. Police searched the vehicle and surrounding area, finding a rolled up tissue with two resealable plastic bags both containing a large amount of methyl-amphetamine. The matter was adjourned to Gunnedah court on September 4.

OVERTON, Tammie, a 34 year old from Scone pled guilty to a charge of drive with middle range concentration of alcohol. The offence occurred on June 10 at approximately 1am when Police stopped Ms Overton for a random breath test on Hill Street, Scone and she returned a reading of 0.106. Ms Overton had been drinking at the RSL Club and said she thought she was ok to drive. Her solicitor Mr Mark Diggins added that she actually followed a police car on her way home, but was not concerned that she may be over the limit. After performing a u-turn Ms Overton was pulled over by police for a random breath test and returned a positive reading. Magistrate Soars noted that Ms Overton had no other matters on her record and that it was an error of judgement. Mr Overton was given a section 10 bond for 2 years

PEARCE, Jade Elizabeth, a 25 year old from Carrowbrook had charges of enter enclosed land not prescribed premises without lawful excuse, holder of category A or B licence not have approved storage, drive with passenger in-\on part of vehicle not enclosed and destroy or damage property. The alleged offences occurred on March 3 at Upper Rouchel and relate to access to a track. The Magistrate in reviewing the facts said it was a complicated matter and conceded Ms Pearce should have more time to seek legal advice. The matter was adjourned until October 18.

POLITIS, Nicholas, a 19 year old from Scone had a charge of assault occasioning actual bodily harm. A mental health assessment were ordered and the matter was adjourned until October 18.

PRINGLE, Damon, a 45 year old from Scone appeared on three charges of possess prohibited drug, one count of goods suspected stolen in/on premises and one count of good suspected stolen given other not entitled. The matter was adjourned until September 20.

QUINTON, Malanie Jane, a 49 year old from Muswellbrook had a charge of drive motor vehicle while licence suspended. The matter was set down for hearing on September 20.

RIDE, Hannah Joan, a 22 year old from Fletcher had a charge of drive vehicle, illicit drug present in blood. The alleged offence occurred at 3am on June 8 when Ms Ride returned a positive to methylamphetamine. The matter was adjourned until September 20.

ROWE, Jason Noel, a 43 year old from Bunnan appeared in custody on charges of common assault, damage property by fire/explosive, stalk/intimidate intend fear physical harm and destroy or damage property. However, a witness for the prosecution was unable to attend court and the matter was adjourned until September 21.

RYAN, Matt Leonard, a 33 year old from Warners Bay pled guilty to a charge of exceed speed by more than 45 kilometres an hour. The offence occurred on March 26 on the New England Highway at Blandford. Mr Ryan was given a section 10bond to be good behavior for 18 months and has been instructed to complete the traffic offenders program.

SAUNDERS, Paul David, a 38 year old from Scone had charges of cultivate prohibited plant – small quantity and possess prohibited drug. The offence occurred on June 13 between 10:11am and 11:20am in Scone. Mr Saunders was honest with police that he had a hydroponic set-up and cannabis stored in his freezer when they conducted a search of his property. Eleven plants were seized ranging in size from 25 centimetres to 70 centimetres in height. Police also located an incubator with 15 cuttings and cannabis in the freezer. The Magistrate said her concern was the charge of cultivation and directed Mr Saunders to undertake drug counselling. Mr Saunders was given a $300 fine and an 18 month section 9 good behavior bond for cultivation and a fine of $250 for possession.

SINGLETON, Malcolm Edward, a 52 year old from Ellerston pled guilty to a charge of never licenced person drive vehicle on road. On August 4, at approximately 11:11am Mr Singleton was stopped by police as they suspected him of driving without a licence regularly. Magistrate Soars noted he had no other matters on his driving record since 2005 and that he was taking steps to get his licence. He was convicted and fined $400, but was warned the matter would become more serious if he drove again.

SKINNER, Shania, a 21 year old from Scone appealed a licence decision by the Roads and Maritime Services. Magistrate Soars noted that p-platers do not get a lot of scope to make errors and are held to very strict requirements because you are still getting used to the road and put others at risk if you are not adhering to the road rules. Ms Skinner was about to apply for a full licence but was unable to until the licence matter was heard. The Magistrate suspended her licence for a period of one week and dismissed the application, allowing Ms Skinner to reapply for her full licence in one week.

WATTS, Alan, a 34 year old from Muswellbrook pled guilty to a charge of drive vehicle, illicit drug present in blood. The matter was adjourned until October 18 for sentence.

WILLIAMS, Joseph, a 30 year old from Hobart had charges including two counts of use carriage device to threaten serious harm, one count of fail to appear in accordance with bail acknowledgement, four counts of stalk/intimidate intend fear/physical harm, one count of detention application notice after breach and one count of contravene prohibition/restriction in apprehended violence order. For one count of use carriage services to threaten serious harm he was convicted with no penalty imposed. For failure to appear he was given a section 12 bond for a period of 12 months. For intimidation he was convicted and no penalty imposed. For a charge of stalk intimidate he was given a section 12 bond for 12 months. For another two charges of stalk intimidate he was given a section 12 bond for 12 months.

WINFIELD, Trevor William, a 39 year old from Aberdeen had charges of take and drive conveyance without consent of owner, drive motor vehicle during disqualification period and negligent driving (no death or grievous bodily harm). The matter was adjourned until September 20.

WONG, Joseph, a 37 year old from Lane Cover North appealed a three month licence decision by the Roads and Maritime Authority. The Magistrate noted Dr Wong had limited matters on his driving record and given he is otherwise of good character and has a strong need for a licence for the work he performs allowed the appeal.

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