scone.com.auScone Court Report: June 2018 – Part 2
THE following matters were heard in the Scone court on Friday:
CRAIG, Nathan Thomas James, a 36 year old from Claymore appeared for hearing on a charge of drive vehicle too closely to stop safely. The court heard the incident occurred on January 33 when Senior Constable Glen Donnelly observed Mr Craig driving a b-double tanker north bound on the New England Highway, Wingen and thought he was travelling to close to the car in front. Snr Con Donnelly said he pulled the truck over and Mr Craig had said the car in front had broke when he saw the police car and Mr Craig couldn’t break quickly enough and so he had used the air horn, which Snr Con Donnelly said he heard.
Video from the police car was shown in court of the distance between the vehicles, which Snr Con Donnelly estimated to be between five and ten metres. Magistrate Soars asked what Snr Con Donnelly considered a safe distance between vehicles. He responded a three second gap was always a good rule, but a b-double should be a very good distance, “I’d suggest the length of the vehicle itself.” Mr Craig gave evidence and said he was driving the vehicle from Sydney to Tamowrth and was travelling at approximately 65 kilometres and hour as he was decelerating past the Wingen pub and was gearing down. “The car jumped on the breaks and I jumped on the breaks as well. I had already been decelerating coming into that corner and then had to apply the breaks a lot harder as well as gearing down. I sounded the horn.” Under questioning Mr Craig said he had followed standard breaking procedure which ensured he did not lock up the breaks or lose control of the vehicle, “we are taught in defensive driving to go down the gears not hit the breaks too hard.”
Mr Craig said when he first noticed the vehicle it was approximately one kilometer away, he said at no stage was the vehicle less than 100 metres in front. The Police prosecutor said when police first observed the two vehicles approximately 500-600 metres away and “it appeared the headlights of the car were the headlights of the truck”. The solicitor for Mr Craig said there was no evidence Mr Craig was speeding, he had followed correct defensive driver techniques preventing a collision or the truck from jack-knifing and used the air horn to alert the driver in front of him of his own responsibilities on the road. Magistrate Soars said “these cases are not the easiest of cases. The is no evidence Mr Craig was speeding…but did appear very close, but he has given an explanation…In my experience I have seen people jumping on the breaks and I can’t find beyond reasonable doubt that it was too close to be safe given the explanation.” The charge was dismissed.
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 charges of rider not wear approved bicycle helmet/fitted/fastened. The alleged offences of assault police officer and use offensive language occurred on August 17 in Sydney Street, Scone. On October 27, it is alleged Mr Fishburn was in possession of 1.5grams of methylamphetamine and also rode a bicycle on Scott Street, Scone without wearing a bike helmet. On November 18 it is alleged Mr Fishburn was found in possession of 0.8 grams of methylamphetamine in Scone. The matters were adjourned until July 23.
MAPPERSON, Ian Robert, a 19 year old from Scone had charges of exceed speed and fail to notify authority change of address. Mr Mapperson had failed to slow down for a round-a-bout at the intersection of Liverpool Street and Main Street on January 30 at approximately 12:15pm. Magistrate Soars noted to Mr Mapperson it was near the police station, but also said he realized it was the wrong thing to do, had no previous convictions and was very young, “I’m going to give you a chance”. Mr Mapperson was given a 12 month good behavior bond.
SCHARER, Melissa Jane, a 49 year old from Victoria was on a charge of assault occasioning actual bodily harm. The offence occurred on January 23 at the Golden Fleece Hotel in Scone, when Mr Brian Cumming the licencee of the hotel was assaulted by Ms Scharer. Senior Constable Herman took the stand and recounted when police arrived on the scene, the injuries Mr Cumming had the behavior of Ms Scharer.
Mr Cuming said Ms Scharer was staying in the hotel and came into the bar “ranting and raving” about her mobile phone and keys being stolen from her room. “I asked her to settle down and she kept swearing and calling me names”. Mr Cumming said he asked her to settle down, but Ms Scharer continued and he said he would call the police. “I walked to the phone, picked the phone up making out I was calling the police. With that she walked around the bar and headed towards the saloon bar and I met her at the foyer door, she was still ranting and raving and she punched me in the side of the head…I grabbed Melissa by the arm and she grabbed me as well and was digging her fingernails into my arm. Then I grabbed her and pushed her to the ground and she kept throwing punches at me so I was holding my hand up to stop her hitting me in the head. Then she got up and another couple of people came into the foyer by then and she lashed out at them as well with her feet and throwing punches and things…The police came, put her on the step and put handcuffs on her and attempted to get her into the paddy wagon where she was kicking and screaming.”
Elisa Cumming, the wife of Brian Cumming, also gave evidence that she had been sitting in the beer garden with another patron when Ms Scharer came to her and said her mobile and keys had been stolen. Ms Cumming said Ms Scharer had previously lost her mobile phone which she had found in her room, so she told Ms Scharer to go and check her room again. Ms Cumming gave her account of walking into the bar and seeing Ms Scharer “ranting and raving” and also coming back down from the accommodation area to see her husband holding Ms Scharer down before calling for help.
Ms Scharer said she had been drinking in her room with another patron and when he left she noticed her keys and mobile phone was gone. She went downstairs to the beer garden to find Ms Cumming and the patron and accused the patron of stealing her keys and mobile phone and asked for him to give them back. “She (Ms Cumming) was sitting there with the person who stole my keys and they weren’t listening. I was frustrated with the situation….she didn’t care so I went to Brian and asked him to call the police, because Tom had stolen my phone and my keys to the room and I can’t lock it.” Ms Scharer conceded she was “ranting and raving” because she was frustrated and then Brian started yelling at her to get out of the bar and the hotel. Ms Scharer said she didn’t want to leave all of her things unsecured in the room and went towards the accommodation. “He (Mr Cumming) stood in front of me between the saloon bar to the foyer and blocked me from going up the stairs into my room. He grabbed me with force and pushed me to the ground and put his knee into me.” Ms Scharer said she was panicking that Mr Cumming had thrown her to the ground and was pinning her down and was kicking her legs and arms to get him off her. “What gave him the right to grab me and push me to the ground. Any woman would with a man sitting on top of you with his face that close to you saying, ‘get the fxxx out of my pub’”.
On hearing all of the evidence Magistrate Soars said she accepted the evidence of Mr and Mrs Cumming, “their evidence is consistent with the pattern of injury that occurred with Mr Cumming and confirmed by Senior Constable Herman who said she was responding aggressively and continued kicking and screaming when put in the van…it seems her behavior was out of control that evening. While their recollection of what occurred was imperfect I found them to be honest witnesses. I find the evidence proved beyond a reasonable doubt.” Magistrate Soars noted Ms Scharer had no prior conviction of violence but said a threshold had been crossed. Magistrate Soars considered the pre-sentence report but noted that if Ms Scharer was living in Victoria it would be unworkable for her to do community service in New South Wales. Magistrate Soars gave Ms Scharer a 12 month good behavior bond and cautioned, “ you agree not to commit any offences, effectively this is a goal sentence in the community…if there is a breach a Magistrate has very little option but to convert it to a full time custodial sentence.
TANNER, Richard, a 74 year old from Coolah had a charge of exceed speed limit by 10 kilometres. The prosecution was not ready to proceed and Magistrate Soars noted Mr Tanner had incurred time to attend court and dismissed the matter.
WILSHEER, Jessica Louise, a 29 year old from Muswellbrook pled not guilty to drive vehicle unregistered. Ms Wilsheer said she didn’t realise she needed a pink slip until she was pulled over police. She said once she was made aware she went to Aberdeen and got the pink slip. Magistrate Soars noted her lack of prior criminal record and gave Ms Wilsheer a good behavior bond of 12 months.
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