Scone Court Report – January 2018

MAGISTRATE Mark Richardson was at the bench this month, before the permanent Magistrate Julie Soars begins in February. See related story: Magistrate Prowse Moves On. In his own style Magistrate Richardson imparted wisdom notably explaining why the court has pink cover sheets for apprehended violence order (AVO) matters. In 1976 the pink cover was introduced when government departments were looking for ways to revitalise court documents. It was thought at the time that most victims of domestic violence would be women so they made the covers pink. Magistrate Richardson suggested perhaps it was now time that the sentiment behind the pink sheets were revisited. He also made his stance clear on financial surety as a condition of bail saying “cash does speak in our society”, but he also acknowledged his colleague Magistrate Prowse took a different view saying often it was impossible for the money to be secured anyway.

Appearing in Scone local court this month for matters were:

ABBOTT, Susan, a 57 year old from Scone had a charge of rider not wear approved bicycle helmet/fitted/fastened. A not guilty plea was entered by her solicitor and that matter was listed for hearing with another matter similar in nature on February 23.

ADAM, Holly May, a 31 year old from Leadville had a charge of drive with middle range prescribed concentration of alcohol from an offence in Scone on December 9 returning a reading of 0.126. A plea of guilty was entered and the court imposed a fine of $900 and a 9 month disqualification of Ms Adam’s licence.

BATES, Jason Wayne, a 37 year old from Merriwa appeared for hearing on charges of not give right change of direction signal with lights, negligent driving (no death or grievous bodily harm), refuse to produce Australian drivers licence/state name/ address and drive vehicle under the influence of alcohol. Mr Bates’ solicitor had said he had a good driving record for 20 years and was rushing to get home to get asthma medication for his female passenger when he concedes he may have cut the corner. It was also noted there was only light traffic in the area and no traffic in the street. Police had wanted to conduct a random breath test on Mr Bates but he failed to stop, later stating he needed to get home to get the asthma medication for his passenger. When police did catch up with Mr Bates he was already at home and Mr Bates said, “you can’t breath test me I’m at home now.” However, while Mr Bates could not be charged with a prescribed concentration of alcohol taken by a breath analysis, he was charged with driving while under the influence of alcohol. The Magistrate noted the good driving record of Mr Bates, but also noted his words to police when asked for his driers licence, “I don’t know where it is mate, for fuck sake, why do I have to show it.” Mr Bates was convicted of not five right change of direction signal with lights and fined $75. He was convicted of negligent driving and fined $200 and convicted of not produce drivers licence and fined $150 The charge of drive under the influence of alcohol was withdrawn and dismissed.

BENNETT, William Frank, a 21 year old from Muswellbrook had a charge of drive motor vehicle while licence suspended from an incident in Scone on November 12 last year.  A plea of guilty was entered and the matter was adjourned to February 22 to allow time for the Traffic Offenders Programme to be completed.

BIANCO, Mitchell Thomas, a 21 year old from Muswellbrook had a charge of not keep left of dividing line – not class B/C vehicle from and incident in Werris Creek on July 27 last year. Mr Bianco was given a bond to be of good behavior for a period of 6 months.

BLACKADDER, Taylah, a 19 year old from Merriwa made an appeal to the local court in relation to a decision by the Roads and Maritime Services. The matter was put over to April 19 with the court requesting that either the RMS must be in attendance or relevant files to be provided to the prosecutor to enable the matter to be determined.

CORBY, Chantelle Wendy, a 19 year old from Moore Creek had a charge of class A motor vehicle exceed speed by more than 10 kilometres and hour – camera detected at Blandford on October 29 last year. A written plea of guilty was entered and a fine of $269 was imposed by the court.

DAVIS, Khenan Pererika, a 29 year old from Scone appeared for hearing on charges including drive, enter enclosed land not prescribed premises without lawful excuse, drive with low range prescribed concentration of alcohol – second offence ($450 fine, disqual for 1 month, interlock for 12 months) and two counts of drive licence suspended under section 66 of the fines act. Mr Davis’ provisional drivers licence was suspended on August 5, 2017, but on Friday September 8 at approximately 11pm police were patrolling Liverpool Street, Scone when they noticed a vehicle drive out of Aberdeen Street with no lights on, which reversed and turned when they saw police. Police followed the vehicle to a house in Kingdon Street and saw the driver get out of the car and run into the backyard. Police lost sight of the driver who could be heard jumping neighbourhing fences. When police caught up with Mr Davis he surrended himself to police, who then placed him under arrest. Mr Davis said, “I’m sorry I ran it was stupid, I was scared.” Mr David returned a breath analysis of 0.068 and his licence was suspended. Mr Davis was convicted and fined $100 for entering enclosed land without lawful excuse, on the count of drive whilst licence suspended he was convicted, disqualified from driving for three months and fined $250 and for driving with low range prescribed concentration of alcohol he was convicted, disqualified for driving for one month, a 12 month interlock period and fined $450.

DUGGAN, Peter John, a 45 year old from Merriwa had a charge of drive with low range prescribed concentration of alcohol from an incident in Merriwa on December 8 which returned a reading of 0.055. A plea of guilty was entered and the matter was adjourned to April 19 to enable time for the Traffic Offender’s Programme to be completed.

ENGLEBRECHT, Jamie, a 30 year old from Scone had a charge of common assault and stalk/intimidate intend fear physical harm from an incident in Scone on December 15. A not guilty plea was entered and the matter was set for hearing on May 25.

EVANS, Zane Douglas, a 27 year old from Aberdeen had a charge of drive with low range prescribed concentration of alcohol in Aberdeen on December 7 returning a reading of 0.079. A plea of guilty was entered into and the matter was dealt with under section 10A and a three month disqualification of Mr Evans’ licence.

FERNANDES, John, from Wingen did not appear for a police application to dispose of surrendered or seized firearms. Legal representation indicated Mr Fernandez is in the process of obtaining a firearms licence. No determination was made and the matter was put over to Feb 22.

FISHBURN, Thomas Edward, a 33 year old from Scone had charges of use offensive language in/near public place/school, assault police officer in execution of duty without actual bodily harm, two counts of possess prohibited drug and two counts of rider not wear approved bicycle helmet/fitted/fastened. Mr Fishburn’s legal representative only received the brief of evidence on the day of court. The matter was adjourned to February 22.

HARDEN, Christopher Robert, a 36 year old from Wyoming had a charge of possess prohibited drug from an incident on December 23 being cannabis leaf. A written plea of guilty was entered into and the court imposed an $800 fine.

HAY, Brendan Roland, a 27 year old from Wamberal had charges of drive with low range prescribed concentration of alcohol with a reading of 0.055, class A motor vehicle exceed speed more than 30 kilometres an hour and use light vehicle not comply with tail lights standard from an incident in Scone on November  19. A written request to adjourn the matter from Mr Hay’s solicitors was presented to the court. The matter was adjourned to February 22 with no further adjournments allowed.

HERBERT, Brendan Gregory, a 20 year old from Muswellbrook had a charge of exceed speed by more than 20 kilometres an hour in Scone on August 22. A written plea of guilty was entered into and the court imposed a fine of $462.

HEYCOX, Patrick William  a 44 year old from Cassilis was set to appear for hearing on charges of common assault and possess prohibited drug on August 25. The defence only received the brief on Thursday so the hearing was vacated to May 25.

JONES, Rebecca Ann, a 25 year old from Bendemeer had a charge of exceed speed greater than 30 kilometres an hour.  A written plea of guilty was entered into and the matter was adjourned to Tamworth on January 29 for sentencing.

KILROY, Corey John, a 22 year old from Scone had a charge of take and drive conveyance without consent of owner, break and enter house etc steal value less than or equal to $60,000 and deal with property proceeds of crime less than $100,000 from an incident in Scone on Fenruary 10 last year involving a television and alcohol.  A plea of guilty was entered into and the matter was put over to April 19 and a pre sentence report ordered.

LEWIS, Braiden James, a 20 year old from Aberdeen had a charge of drive motor vehicle while licence suspended from an incident in Aberdeen on December 8. A plea of guilty was entered into and the matter was put over to February 22 so Mr Lewis could complete the Traffic Offenders Programme.

LOVE, John Richard, a 25 year old from Mirboo North in Victoria made an application to the court to appeal a decision by the Roads and Maritime Services to declare Mr Love an Habitual Traffic Offender. No one from the RMS was present and the matter was adjourned to February 22 with the RMS to attend or supply information to the prosecutors to enable the court to make a decision.

LOWICK, Larry Scott, a 41 year old from Dungowan had a charge of destroy or damage property less than or equal to $2,000 involving damage to a CCTV camera in Middlebrook on July 15 last year. A plea of guilty was entered and a hearing date of April 20 was set.

MAMO, Michael William, a 42 year old from Denman had a charge of drive not wear seatbelt properly adjusted/fastened from an incident in Scone on October 20 last year.  A plea of not guilty was entered into and the matter was set for hearing on February 23.

MAYO, Darrin Victor, a 45 year old from Rutherford had charges of common assault and two counts of stalk/intimidate intend fear physical harm etc. Police were unable to prove the case without a witness’ testimony, the matters were withdrawn and dismissed.

MCDERMOTT, Roydon, a 31 year old from Scone applied for a bail variation to report Monday to Friday. The bail variation was granted until his next court appearance in Muswellbrook on February 5.

MCDONALD, Peter Glen, a 60 year old from Blackwall failed to appear on a charge of drive vehicle under influence of drugs being methylamphetamine and cannabis in Cassilis on June 24 last year. The matter was found proved and a fine of $1200 was imposed along with a 6 month disqualification of licence.

PEARSON, Harley John, a 24 year old from Denman appeared in custody on charges of break and entered house etc steal value <= $60,000 break and enter house etc destroy etc property > $60,000, two counts of intentionally cause fire and be reckless as to its spread and damage property by fire. It is alleged Mr Pearson intentionally caused fires on January 14, 15 and 16 in Denman two on private land not belonging to him and another on public land owned by Muswellbrook Council and operated by the Australian Rail Track Corporation. It is also alleged he stole property from a private residence in Denman of two vacuum cleaners and an air fryer. Mr Pearson’s solicitor applied for bail, stating he had significant serious health issues and could be placed under house arrest with his grandparents. The Magistrate said, “if this is proven, in a country community with fires with dry conditions and wind it is very serious. The last one I gave 18 months gaol to in Inverell and that’s possibly the length of time he faces.” Mr Pearson’s solicitor applied for bail, but it was refused. The Magistrate explained, “I have an obligation to protect the community and fires this time in country areas I’m not going to take that risk, so bail is refused.” Magistrate Richardson also noted that he was not opposed to financial surety as part of bail conditions, “I don’t mind sureties as cash does speak in our society. The previous Magistrate didn’t like them, but I don’t mind them. Then again Magistrate Prowse might say it can be a problem for an elderly couple to put up cash and what chance do they have of securing their money and that’s a good question in this case.” The matter was adjourned until January 24.

RICHARDS, Andrew of Murrurundi did not appear in reference to an application by Jon Russell for noise abatement and prevent recurrence of alleged dogs barking. The matter was adjourned to February 22 where both parties must attend.

ROACH, Matthew Derrick, a 42 year old from Belford appeared in custody on charges including stalk intimidate intend fear physical harm, resist officer in execution of duty and contravene apprehended violence order Mr Roach pled not guilty to all matters. Bail was refused and the matter was adjourned until January 24.

ROBERTSON, Robin Kate, a 53 year old from Moobi had a charge of drive with low range prescribed concentration of alcohol from an incident in Scone on December 8 which returned a reading of 0.055. Ms Robertson had completed the Traffic Offenders Programme and the matter was dealt with under section 10 and a bond to be of good behavior for 12 months.

SUTTON, Geoffrey Hilton, a 62 year old from Scone had a charge of drive with middle range prescribed concentration of alcohol from an incident in Scone on December 7 returning a reading of 0.088. A plea of guilty was entered and the matter was adjourned to February 22 to allow time for the Traffic Offenders Programme to be completed.

TONKS, Scott Mitchell, a 29 year old from Muswellbrook failed to appear on a charge of drive with high range concentration of alcohol from an incident in Scone on December 6 returning a reading of 0.165. The matter was proved and adjourned to April 19 with a pre sentence report ordered.

WILLIAMS-EDMISTON, Louisa, a 22 year old from Merriwa  appealed to the local court for a decision by the Roads and Maritime Services.  Ms Williams-Emiston did not appear and the appeal was dismissed.

WOODS, Cody Jon, a 22 year old from Murrurundi appealed to the local court for a decision by the Roads and Maritime Services of suspension of licence due to points accumulation. The suspension was varied to allow Mr Woods to drive to and from work and for work purposes only.

Related: Scone Court Reports – Previous.