Scone Court Report: December 2018

Filed in Recent News by December 22, 2018

MAGISTRATE Soars again made mention of the disproportionately high number of drink driving offences in a town the size of Scone. She explained that mid-range offences will carry with them a mandatory interlock period which is an expensive process and that she had begun imposing no drinking conditions as part of conditional release orders, meaning if any alcohol is found in the persons system they will have breached the order and be brought back before the court.

The matters before Scone court this month included:

BOWD, Kasey Robert, a 31 year old from Aberdeen entered a plea of guilty for drive with high range prescribed concentration of alcohol – first offence. The offence occurred at approximately 12:2am on November 17 on Kelly Street, Scone, when Mr Bowd returned a reading of 0.154. which is the low end of the high range reading. Death and subsequent funeral of a friend. Terrible mistake but there is some context – coordinators comments from the TOP he showed extreme remorse. Area of the offence is a high traffic area and high pedestrian traffic – Magistrate – dangerous offence in the main street of Scone and could be worse on the Highway. Convicted and fined $700, disqualification for 6 months, a mandatory interlock period of 24 months and a 12 month community correction order.

BRIDGE, Timothy Wayne, a 23 year old from Scone pled guilty to a charge of drive with middle range concentration of alcohol – second offence. The offence occurred at approximately 11:50am on Cowper Wharf Roadway, Woolloomooloo when Mr Bridge returned a reading of 0.080. Mr Bridge told police he had consumed between 10 and 20 schooners of ‘Stone and Wood’ full strength beer, the night before, the last of which was consumed at 2am.  Magistrate Soars said it was at the lower end of a mid-range reading and it wasn’t the manner of his driving which brought him to the attention of police. However, she cautioned that he was at risk of gaol and on this occasion he was fortunate that the circumstances were not aggravated and he had not harmed someone. Mr Bridge was convicted, fined $500, disqualified from driving for six months, a mandatory interlock period of 24 months and a community corrections order for 15 months.

CARTER, Jodie Rae, a 48 year old from Bateau Bay had charges of owner of dog which attacks, fail to prevent dog from escaping, dog to be declared dangerous or menacing not muzzled, willfully obstruct authorized officer in exercise of function, fail to comply with dangerous dog control requirements and two counts of owner of dog which attacks person. Ms Carter did not appear in court and the matters were dealt with in her absence. The charge of owner of dog which attacks a person related to a dog which she owned attacking Robert Gunning in Merriwa on March 6 at approximately 3:45pm. Ms Carter was convicted and fined $1,000. The offence of fail to prevent dog from escaping – not dangerous, menacing or restricted dog also occurred on March 6 and Ms Carter was convicted and given a section 10A. The related charge of owner of dog which attacks etc person etc occurred on the same day and Ms Carter was convicted and fined $300. The offence of dog to be declared dangerous or menacing not muzzled occurred on July 17 between 9:30am and 9:45am at Merriwa. Ms Carter was convicted and fined $250. The offence of owner of dog which attacks etc person etc occurred between 9:30am and 9:45am on July 17 in Merriwa. Ms Carter was convicted and given a section 10A. The offence of willfully obstruct authorized officer in exercise of function occurred between 4pm and 5pm, July 26 at Merriwa. Ms Carter was convicted and charged $500. The offence of fail to comply with dangerous dog control requirements occurred on August 15 at approximately 12pm in Merriwa. Ms Carter was convicted and charged $250.

CUNNINGHAM, Michael, a 44 year old  from North Lambton pled not guilty to charges of armed with intent to commit indictable offence and assault occasioning actual bodily harm. The matter was adjourned for hearing until January 25.

DALY, Adam, a 27 year old from Aberdeen pled guilty to a charge of drive with low range prescribed concentration of alcohol. The offence occurred on Agust 18 at approximately 12:02am on Kelly Street, Scone when Mr Daly returned a reading of 0.075. Mr Daly told police he had consumed five schooners of full strength beer between 8pm until 11pm at the Willow tree Hotel. Mr Daly had completed the traffic offenders program and was seeking a copy of his Irish driving record. The matter was adjourned until January 24.

ELLIS, Robyn, a 31 year old from Scone made an application to appeal a decision by the Roads and Maritime Services. The Magistrate discmissed the application and varied the suspension to one day.

GORTON, Cindy Lee, a 52 year old from Wingen pled guilty to a charge of refuse or fail to submit to breath analysis. The offence occurred on August 26 at approximately 10:50pm in Scone. When police stopped Mr Gorton they notied her eyes were blood shot and she was slurring her words. Ms Gorton told the police to “fuck off, go and get some real criminals like the druggies.” When the police said they would perform a breath test she responded “I ain’t fucking doing it.” She repeatedly refused to cooperate with police and the police then took her out of her vehicle and placed in her the back of the back of the police vehicle. At the police station she continued to refuse to have a breath analysis adding “I don’t care, I have the best solicitor on the country and I’ll get off this on mental health.” While in custody the also laughed at police saying, “I’m too smart for you I got charged for drugs and firearms and I got off it at Court and I’ll get off this as well.” A sentence assessment report was ordered and the matter was adjourned until February 21. Ms Gorton also pled guilty to charges of negligent driving (no death or grievous bodily harm), use vehicle on road or road related area motor vehicle tax not paid, use unregistered registerable class A motor vehicle on road, use uninsured motor vehicle, drive motor vehicle while licence suspended and two counts of refuse or fail to submit to breath test. The charges relate to Ms Gorton’s driving on November 7 at approximately 5:10pm in Parkville, when Ms Gorton veered into the Northbound lane of the New England Highway, near the Cressfield Road intersection, continuing off the side of the road. Ms Gorton was hostile to witnesses who stopped to check on her welfare. She exited her vehicle and hide behind the tree line of Cressfield Stud. When police approached her she refused to submit to a breath test telling them, “Fuck off, I won’t do it I refuse”. A sentence assessment report was requested and the matters were adjourned until February 21.

HASSALL, Thomas James, a 22 year old from Scone appeared in court on a charge of middle range prescribe concentration of alcohol. The offence occurred at approximately 12:05am on November 10 when he returned a reading of 0.106 on Kingdon Street, Scone. Mr Hassall told police he had consumed eight scotch and cokes in 7 ounce glasses between 6pm and 11:30pm at the Willow Tree Hotel. Mr Hassall was given a conditional release order for 18 months and imposed a condition that the defendant is not to have any alcohol in his system when driving for 12 months.

JANSSEN, Lachlan Henry, a 19 year old from Denman pled guilty to a charge of novice driver drive with novice range prescribed concentration of alcohol. The offence occurred on May 12 at approximately 9:51pm when Mr Janssen returned a reading of 0.018 at Susan Street, Scone. While Mr Janssen was only staying 300 metres away from the Belmore Hotel where they were drinking and did not intend to drive at the end of the night, his solicitor said he had made an error in judgement by giving a friend a lift to pick something up before returning to the hotel, when he had been breath tested. He further said that Mr Janssen had been on a P2 licence for almost two years and was due to obtain his full licence in Ferbuary. Magistrate Soars said she could extend leniency, but it would be the last time. “You shouldn’t have driven and you need to take responsibility, there are reasons for these rules and you know that having done the Traffic Offenders Program. Mr Janssen was given a conditional release order with no conviction for 12 months. “Treat your licence like gold and I don’t want to see you back here,” said Magistrate Soars.

JONES, Ryan Alexander, a 20 year old from Aberdeen pled guilty to a charge of common assault. The charge related to throwing a plastic drink bottle at a person and Magistrate Soars noted there had been another matter before the court this month, whereby a drink was thrown and someone was injured. Magistrate Soars cautioned Mr Jones not to take matters into his own hands and to think more carefully about the consequences of his actions. Magistrate Soars further noted that people who present with a history or pattern of such behavior have an issue in controlling their impulses, cautioned him and urged him to “reset his intentions.” Mr Jones was not convicted, but was given a conditional release order for two years. Magistrate Soars warned him that something small such as offensive language in public could breach the order.

LASCELLES, Henry James Alexander, a 24 year old from Moobi had a charge of drive with middle range concentration of alcohol. The offence occurred on November 11 at approximately 12:20am on Susan Street, Scone when he returned a reading of 0.097. Mr Lascelles solicitor said he was an English national and was not aware of the expectations and rules  of the court in relation to PCA (prescribed concentration of alcohol) offences. He said Mr Lascelles had been in Australia for five months, had been saving for a trip around Australia for the last three years and had contacts in the thoroughbred industry. He was on a holiday visa but hoped to return on a working visa. He outlined Mr Lascelles good character noting a reference from Arthur Mitchell from Yarraman Park. Magistrate Soars said, “by the time you get to mid-range you should know you should not be driving.” Mr Lascelles was given a community corrections order for 12 months, fined $400 and disqualified from driving for six months.

LOUIS, Shane Anthony, a 22 year old from Scone had a charge of stalk/intimidate intend fear physical etc harm. The matter was adjourned for hearing on March 22.

LUMBY, Kiran Lea, a 32 year old from Merriwa entered a written plea of guilty to two charges of possess prohibited drug. The offences related to cannabis seeds and cannabis leaf found in her possession on October 9 at approximately 12:15pm in Merriwa. Ms Lumby was convicted of both and fined a total of $300.

MANNING, Clinton John, a 38 year old from Scone had charges of drive recklessly/furiously or speed manner dangerous – second offence and possess or use a prohibited weapon without permit. The matters were adjourned until January 21.

MARHEINE, Nicole, a 44 year old from Denman had a charge of destroy/damage property in company <=$2000. The alleged damage was to a glass window on August 19 in Scone. The complainant, Mr Peter Gorman did not attend court. Ms Marheine was found not guilty after hearing.

MURPHY, Jill Margaret, a 52 year old form Murrurundi had a charge of stalk/intimidate intend fear physical etc harm . There was no appearance and the matter was adjourned until January 24 for mention, with a plea to be entered.

OSMOND, William James, a 28 year old from Scone appeared in court on a charge of drive with middle range prescribed concentration alcohol. The offence occurred on October 27 at approximately 10:05pm on Liverpool Street, Scone when he returned a reading of 0.106 on Liverpool Street, Scone. Mr Osmond told police he had consumed five mid-strength cans of Great Northern beer after cricket in Belltrees with his first beer at 6:30pm and last at about 9:30pm. Mr Osmond was given a conditional release order for 18 months.

PEARCE, Jade Elizabeth, a 26 year old from Carrowbrook appeared on 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 matter was adjourned until March 22 for hearing.

PIPER, Bllie-Lee, a 39 year old from Quirindi had charges of common assault and assault occasioning actual bodily harm. The charge of common assault was withdrawn and dismissed. Ms Piper was convicted of the assault occasioning actual bodily harm which occurred on July 13 at approximately 10:15pm at the Quirindi RSL. The court heard how Ms Piper pushed another patron into a chair and threw a schooner glass at him, resulting in a cut near his eye requiring four stitches and a scar. Ms Piper said she believed her drink had been spiked. Magistrate Soars said while that was a possibility she could not be satisfied that it uld be proved beyond a reasonable doubt. THE Magistrate requested a pre-sentence report and adjourned the matter until February 21.

POLITIS, Nicholas, a 20 year old from Scone had a charge of assault occasioning actual bodily harm. The alleged offence occurred on December 20, 2017 in Merrylands West between 12pmnd 1pm. Mr Politis was directed to adhere to a treatment plan and the matter was adjourned until March 21.

RAWLINGS, Zac, a 22 year old from Merriwa had charges of destroy or damage property, licence expired less than 2 years before, use unregistered registerable Class A motor vehicle on road, use uninsured motor vehicle and two counts of common assault. Mr Rawlings was unrepresented in court. Ms Tiffany Constable gave evidence that Mr Rawlings had pushed her into a cupboard, which Mr Rawlings denied. The court was to view video evidence, however the audio visual facilities in Scone court were not functioning. Magistrate Soars found the witness to be calm and considered and convicted Mr Rawlings of common assault and fined $300. On the charge of use unregistered vehicle there was no fine, uninsured motor vehicle was convicted and fined $200. Magistrate Soars told Mr Rawlings “if you don’t get these issues under control you could repeat them.” She suggested he seek anger management, speak to his GP for a referral or go into counselling.

RIDE, Hannah Joan, a 23 year old from Fletcher had a charge of drive vehicle, illicit drug present in blood. The offence occurred on June 8 at approximately 3am in Liverpool Street, Scone, when police stopped Ms Ride and she returned a positive reading for methylamphetamine. Ms Ride was convicted, fined $300 and disqualified from driving for four months.

ROACH, Grace Marie, a 21 year old from Aberdeen pled guilty to a charge of drive motor vehicle while licence suspended – first offence. The offence occurred on November 8 at approximately 5pm when Ms Roach was driving in Scone. Ms Roach said she wanted to complete the Traffic Offenders Program, but sought an adjournment, as the next program conflicted with a representative sports commitment. The matter was adjourned until March 21.

SAUNDERS, Clinton John, a 22 year old from Scone had charges of armed with intent to commit indictable offence, two counts of stalk/intimidate intend fear physical harm and two counts of assault occasioning actual bodily harm. The matters were adjourned until January 25.

SMITH, Samuel Patrick, made an application to appeal a licence suspension. The Magistrate dismissed the application and varied the suspension for five days from December 22. Magistrate Soars instructed Mr Smith to stay off the road, “otherwise you’ll be committing a serious offence”.

WOOLLEY, Nathan Leigh, a 33 year old from Gulgong appeared in court and pled guilty to a charge of drive with low range prescribed concentration of alcohol. Mr Woolley returned a reading of 0.062 on 7pm on October 5 at Bunnan. Ms Woolley was convicted, fined $400, disqualified from driving for three months and an interlock period for 12 months.

WRIGHT, David John, a 46 year old from Scone appeared on charges of break and enter house etc steal value <= $60,000, use unregistered registerable class A motor vehicle on road and use uninsured motor vehicle. The matters were adjourned until March 22 for hearing and a bail variation was granted.

WRIGHT, Leonie, a 46 year old from Scone presented in custody on charges including firearm etc found at premises-subject to prohibition order, use prohibited weapon contrary to prohibition order, possess or use a prohibited weapon without permit, use or supply etc stolen firearm or firearm part-T2, owner/occupier knowingly allow use as drug premises, goods suspected stolen in/on premises, resist or hinder police officer in the execution of duty, two counts of acquire etc pistol-subject to firearms prohibition order, two counts of possess unauthorized pistol and three counts of possess prohibited drug. See previous stories: Scone Woman on Firearms and Drug Charges and Leonie Wright Refused Bail. Ms Wright’s solicitor had made an application for bail saying that Ms Wright needed to care for her 75 year old mother who had hurt her arm and was unable to care for herself properly. A hearing was set down for Ms Wright on March 22 and was not able to be done sooner as there was a brief of more than 160 pages to prepare for hearing. Her solicitor argued that Ms Wright should be allowed out of custody on strict bail conditions until the hearing. Magistrate Soars said while the weapons charges were serious, she noted the weapons had air and spring mechanisms, not explosive mechanisms which the general public would consider a firearm. Magistrate Soars said she believed the strict bail conditions would prevent further offences. Ms Wright was granted bail.

WYNTER, Martin Alan, a 36 year old from Largs had charges of possess prohibited drug and drive vehicle, illicit drug present in blood. Mr Wynter was found in possession of 1 gram of cannabis on August 8 in Scone at approximately 3:10pm. He was convicted and fined $250. Mr Wynter also returned a positive test to cannabis and methylamphetamine on the same day. He was convicted, fined $300 and disqualified from driving for 6 months.

READ: Previous Court Reports.