Scone Court Report: March 2019

THE matters which appeared before Scone local court this month included:

BATES, Jason Wayne, a 39 year old from Merriwa appeared on a charge of stalk/intimidate intend fear physical harm etc. The matter was adjourned until April 18.

BROWN, Gregory Robert, a 61 year old from Scone appeared on a charge of contravene prohibition order and pled not guilty. The matter was adjourned until June 20.

COTTOM, Matthew Paul, a 46 year old from Merriwa pled not guilty to charge of damage property by fire/explosion greater than $5000 and less than $15,000. The alleged offence relates to a Citroen panel van, the property of Keith Richards, which was destroyed by fire on August 27 in Merriwa. The matter was adjourned until April 18.

CRABB, Phillip Andrew, a 36 year old from Scone appeared in court and pled guilty to a charge of drive with high range prescribed concentration of alcohol. The offence occurred on December 18 in Liverpool Street, Scone when Mr Crabb returned a reading of 0.208. When police pulled him over he said, “you’ve got me, I’m pissed. I just went to go get pizza.” When asked to produce his licence he said, “umm, I think I left it at the pizza shop”. He said his fIrst drink had been at 5am and the last at 9:05pm, he had consumed at least two bags of ‘goon’ at home and he had not had anything to eat during that time. Police noted he had his 12 year old daughter as a passenger in the rear of the vehicle. Mr Crabb also had a previous low range drink driving offence on his record. Mr Crabb was convicted, disqualified from driving for nine months, given a mandatory interlock period of 24 months and a supervised community corrections order for 10 months. The Magistrate warned that if he breached the corrections order he would go before a parole board and would be facing a term of full time imprisonment.

CUNNINGHAM, Michael, a 45 year old from North Lambton appeared on charges of armed with intent commit indictable offence and assault occasioning actual bodily harm. The charge of armed with intent to commit indictable offence was withdrawn and on the charge of assault occasioning actual bodily harm he pled guilty and sentencing was set down for June 20. The assault of Peter Duggan occurred on June 23 in Merriwa.

DOUGLAS, Jason James, a 46 year old from Tamworth was due for hearing on a charge of Larceny from an offence in Scone on June 28 last year where he allegedly stole a bag of lawn bowls. Mr Douglas notified the court he would not be attending and the matter was heard in his absence. He was convicted and the matter was put over for sentencing to Tamworth court on April 10 so past offences of a similar nature can be considered in the sentencing process. If Mr Douglas does not attend on that occasion a warrant will be issue for his arrest.

EDWARDS, Paul Campbell, a 51 year old from Upper Orara entered a plea of not guilty to charges of affray and common assault. The alleged incident occurred on January 1 in Moonan Flat when Mr Edwards used unlawful violence towards Terry Langham. Dominique Gunner is co-accused of assaulting Terry Langham. The matter was adjourned until June 20.

EVELEIGH, Brenda Joy, a 55 year old from Castle Rock had a charge of steal property as clerk/servant greater than $15,000. The alleged offence occurred on March 24 and relates to $49,352.28 stolen from McLean Mechanical owned by Robyn and Phillip McLean. The matter was adjourned until April 18, with a plea to be entered.

FAR WESTERN STONE QUARRIES v DEPARTMENT OF PLANNING AND ENVIRONMENT had two charges of fail to pay rental fee of annual administration levy, two charges of fail to prepare or lodge report as prescribe and one charge of person directed fail to comply with direction notice. The matter was adjourned until April 18.

FIELD, Oscar Bernard, a 23 year old from Scone had a charge of drive vehicle under influence of alcohol. The alleged offence occurred on January 10 between 8:06pm and 8:50pm in Kingdon Street, Scone, when Mr Field was seen turning left in Kingdon Street and mounting the gutter, before colliding with a tree. Witnesses observed him to be unsteady on his feet and struggling to walk. Mr Field told police he had driven from his work at Arrowfield Stud to the Thoroughbred Hotel and had his first drink at 6pm and his last at 8:15pm. Mr Field told police he had consumed three pints of Stone and Wood 500ml beers and two doubles of Canadian Club Whisky and dry. Mr Field completed the Traffic Offenders Program and was given a disqualification period of six months, a mandatory interlock period of 24 months, a community corrections order for 15 months and a fine of $300.

FISHBURN, Thomas Edward, a 34 year old from Scone had charges of drive while licence cancelled, good suspected stolen in/on premises, possess prohibited weapon without permit, two counts of possess unauthorised pistol, one count of possess unauthorised prohibited firearm and one count of owner/occupier knowingly allow use as drug premises. On the driving matter, Mr Fishburn’s solicitor Mr Diggins said his client believed he was no longer disqualified from driving, however he had not had a new licence reissued. He was found to be driving while licence cancelled on the Oxley Highway at Somerton on June 11 at approximately 12:30pm. Mr Fishburn was given a community correction order for 12 months and disqualified from driving for six months. The other charges were adjourned until April 18, with a plea to be entered.

FORBES, Ramo James Kauhoe, a 46 year old from Shoal Bay appeared in court and pled guilty to a charge of exceed speed limit by 10 kilometres an hour. The Prosecutor explained the police officer estimated Mr Forbes was doing somewhere between 110 and 120 kilometres an hour and was charged with 10 km or less. Mr Forbes is a professional driver and explained his job depended on having a licence. The Magistrate said it was a low speed offence and that his licence was at risk and gave him a conditional release order for 12 months, with no conviction. She cautioned him that he should never be in a hurry on the road and he should aim to be the slowest one on the road, to avoid coming back before the court.

GUNNER, Dominique, a 45 year old from Moonan Flat appeared in court and pled not guilty to charges of common assault and affray. It is alleged Gunner assaulted Mr David Hollinger and Terry Langham on January 1 in Moonan Flat in an incident involving Paul Campbell Edwards, who is co-accused of assaulting Terry Langham and Michael McCormick is co-accused of assaulting David Hollinger. The matter was adjourned for hearing on June 20.

HAWKINS, Gary Kenneth, a 53 year old from Merriwa appeared in court on charges of cultivate prohibited plant small quantity, possess prohibited plant small quantity and one charge of possess prohibited drug. On January 15 at approximately 9:35am police executed a search warrant on his property and found approximately 30 plants measuring at least 2 metres in height. The plants were protected from feral animals by an electric fence and had their own water supply from a nearby dam. Mr Hawkins said he suffered from chronic pain, was allergic to other pain medications and used cannabis for his own medicinal purposes. The Magistrate suggested he speak to his doctor about medicinal cannabis. On the charge of cultivate prohibited plant he was convicted and given a conditional release order for 14 months. On the charge of possess prohibited plant he was given a community corrections order for 14 months and on the charge of possess prohibited drug he was convicted.

JOHNSON, Angela Ruby, a 37 year old from Scone appeared and pled guilty to a charge drive middle range concentration of alcohol. The offence occurred on February 9 at approximately 5:55pm on Gundy Road, Scone when she returned a reading of 0.099. Ms Johnson said she had consumed two 440ml cans of Woodstock Bourbon at her home between 2pm and 5:30pm and not had any food. It was noted Ms Johnson had a low range offence in 2017. The Magistrate explained under new laws Ms Johnson would have to have a mandatory interlock period, to which Ms Johnson said she it would be worth three times as much as her car. Ms Johnson was also unable to complete the Traffic Offenders Program as she was unable to travel to the program in Muswellbrook. The Magistrate explained the alternative to a mandator interlock period was three years disqualification from driving, however noted Ms Johnson’s strong need for a licence with children. The Magistrate gave Ms Johnson a conditional release order that she have zero alcohol in her blood while driving and cautioned if she is going to drink to keep away from the car until there is no more alcohol in her system. Ms Johnson was not convicted, given a community release order for 20 months and was not disqualified from driving.

KENNEDY, Douglas Ashley, a 26 year old from Scone pled not guilty to four counts of common assault and one count of take action that results in physical injury/sexual abuse. The allegations relate to incidents that range from November 2015 until November 2018. The matters were set down for hearing on May 24.

KERR, Karmen Jade, a 29 year old from Cessnock, formerly Upper Rouchel, had a charge of drive motor vehicle during disqualification period. The matter was adjourned to Cessnock on April 10.

KILROY, Reece, a 23 year old from Scone had charges of common assault and enter enclosed land not prescribed premises without lawful excuse. The matter was adjourned until May 23.

LOUIS, Shane Anthony, a 22 year old from Scone appeared in custody for a hearing on a charge of stalk/intimidate intend fear physical etc harm. The charge related to an incident where police witnessed Mr Louis threaten a person including statements such as “You fxxxx wait cxxx, there is going to be a bloodbath here right now, don’t come back to my fxxxxxx house or I will fxxxxxx kill you.” The victim initially did not want to press charges, but later went to police to make a statement and then withdrew her statement. The two police gave evidence in court that he had made the threats, including that he threatened to burn the victim’s mother’s house down, but Mr Louis’ solicitor Mr Diggins said the police evidence was inconsistent in their recollection of the exact words used. Mr Diggins also argued that since the police had given Mr Louis a lift home after the incident the police did not take the statements as a threat, otherwise they should have taken him into custody at the time. The Magistrate suggested that since the victim did not want to make a complaint at the time, that may have been the reason for them not pursuing it at the time and further commented that she was sure local police would hear such language most Friday night’s in Scone. The Magistrate found Mr Louis guilty of the charge, he was convicted and fined $250. Mr Louis also had charges of destroy or damage property, assault occasioning actual bodily harm, common assault, stalk/intimidate intend fear physical harm etc and contravene prohibition/restriction in AVO. Those charges were adjourned for hearing on May 24 and Mr Louis was given bail.

MACAULAY, Casey Jonell, a 37 year old form Singleton had charges of handle explosive/precursor without authorising licence and negligently handle explosives to endanger person’s life. The matter was adjourned until May 23.

MARTIN, Anthony Charles, a 69 year old from Cassilis v Department of Planning and Environment had six counts of contravene order re specified ancillary mining activity – being that the Quarry had failed to rehabilitate the land requested under the mining lease. The matters were adjourned until April 18.

MATTHEWS, Brendan William, an 18 year old from Gungal had a charge of drive with middle range concentration of alcohol and was on a ‘P’ plate licence. The offence occurred on January 23 between 9pm and 9:40pm on the New England Highway in Scone, near the Gundy Road intersection, when Mr Matthews returned a reading of 0.114. Mr Matthews had three passengers in the time ranging in age between 17 and 20 years of age. Mr Matthews told police he had consumed two “largies” and two “stubbies” of full strength beer between 12:30pm and 5pm. Mr Matthews was brought to the attention of police because he was travelling 70km in a 50km zone and the passenger in the front seat of the vehicle, Jayden Fullerton had both of his legs out of the car window and was issued an infringement notice. Mr Hoffman argued that Mr Matthews did not think he was over the limit. Magistrate Soars pointed out that on a P plate licence Mr Matthews should have had no alcohol in his system and had very little driving experience. Mr Matthews was fined $350, disqualified from driving for three months and has a 12 month interlock period, but no conviction was recorded.

MCCORMICK, Michael John, a 50 year old from Wyong pled not guilty to charges of assault occasioning actual bodily harm and affray. The charges relate to an alleged assault of David Hollinger on January 1 and is co-accused with Dominique Gunner. The matter was adjourned until June 20.

MCDONALD, Georja, a 46 year old from Murrurundi appeared and pled guilty to charges of drive vehicle, illicit drug present in blood, possession of equipment for administering prohibited drugs and self-administer/attempt self-administer prohibited drug. The offences occurred on September 19 in Murrurundi when Ms McDonald returned a positive test to methylamphetamine and delta-9-tetrahydrocannabinol and was in possession a plastic bong to administer cannabis. The matters were adjourned until May 23.

MORGAN, Philip, a 48 year old Cessnock appeared on a charge of never licenced person drive vehicle on road and pled guilty. The offence occurred travelling south on the New England Highway near Murrurundi at approximately 11:20am on February 24. Mr Morgan had been stopped for random breath testing and could not produce a licence. Mr Morgan said that he had chronic kidney disease and driving a car down a hill was on his bucket list of things to do. Magistrate Soars asked why he had not considered getting a licence to be able to drive and Mr Morgan said he had not need to as he lived in Sydney with plenty of public transport. Magistrate Soars asked if it was a certain type of car he wanted to drive, but Mr Morgan said no indicating he simply wanted to drive down a steep hill. Mr Morgan was convicted and fined $300.

MURPHY, Jill Margaret, a 52 year old from Murrurundi appeared on charges of stalk/intimidate intend fear physical harm etc, drive recklessly/furiously or speed/manner dangerous and common assault. The matter was set down for hearing on May 24.

MURRAY, Anna Megan May, a 39 year old from Moree had a charge of drive while licence cancelled which is alleged to have occurred on Kelly Street, Scone on January 26. She was convicted in her absence and the matter was adjourned for sentencing on April 18.

OLDHAM, Daniel, a 31 year old from Merriwa appeared and pled not guilty to charges of stalk/intimidate intend fear physical harm etc and enter enclosed land not prescribed premises without lawful excuse. The offences occurred in Merriwa on October 20. The matters were set down for hearing on June 21.

OSSOWSKI, Sarah Kathleen, a 31 year old from Alexandria entered a written plea of guilty to a charge of drive motor vehicle during disqualification period. The offence occurred on February 10 in Cassilis. The matter was adjourned for sentencing on April 8 at Downing Centre in Sydney.

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, drive with passenger in/on part of vehicle not enclosed an destroy or damage property. The matters were adjourned until July 18.

PEEL, Robert Keith, a 33 year old from Merriwa had a charge of drive with low range prescribed concentration of alcohol. The offence occurred on January 26 at approximately 12:25am on the Golden Highway in Merriwa when Mr Mr Peel returned a reading of 0.055. Mr Peel said he had consumed five 340ml stubbies of Great Northern mid-strength beer at the Royal Hotel in Merriwa. He had his first drink at 8:30pm and finished drinking at 12:20am. Mr Peel’s solicitor Ben Hoffman said he works at Ulan and has children he needs to visit in Mudgee and needed his licence. Mr Peel was given a conditional release order for 12 months and no conviction was recorded.

PICKETT, Kenneth John, a 50 year old from Scone pled guilty to a charge of drive with low range prescribed concentration of alcohol. The alleged offence was on December 30 at approximately 8:15pm in Susan Street, Scone when Mr Pickett returned a reading of 0.054. Mr Pickett told police he had consumed three full strength beers from 4pm until 7:40pm at home.  Mr Pickett was not convicted and given a community release order for 12 months.

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’ solicitor said he was relocating to Geelong and the matter was adjourned until May 23.

POWER, Zoe v WHITEHEAD, Ashley Louise – application for noise abatement and prevent recurrence. The matter was set down for hearing on June 20.

POWER, Zoe, a 39 year old from Scone had a charge of contravene prohibition/ restriction AVO. Ms Power also has an personal violence order application for Ashley Louise Whitehead and both matters were adjourned for hearing on June 20.

QUINLIVAN, Hayden David, a 34 year old from Scone appeared in court and pled guilty to a charge of drive with middle range concentration of alcohol. The offence occurred on January 26 on the corner of Hill Street and Liverpool Street, Scone when Mr Quinlivan returned a reading of 0.110. Mr Quinlivan told police he knew he was over the legal limit and had tried to use back streets to avoid police on his way home. When pulled over for testing Mr Quinlivan said, “Yeah I’m gone, I should have walked home.” He told police he had been consuming alcohol since 10am that day and estimates he drank six 375ml Hahn Dry and ‘a few rums’ at the Scone RSL Club. Mr Haines was on ‘P’ plates and was issued an infringement notice for driving with an expired licence. He was convicted, disqualified from driving for four months, given a mandatory interlock period of 12 months and fined $500.

ROACH, Grace Marie, a 21 year old from Aberdeen pled guilty to a charge of drive motor vehicle while licence suspended. The offence occurred on November 8 at approximately 5pm, when Ms Roach was driving home to Scone. Magistrate Soars noted Ms Roach had been using a mobile phone and cautioned her on the dangers of driving while using a phone highlighting the tragic incident of two police who were setting up an RBT point when a driver ran who was on the phone into them. Magistrate Soars said as the coroner she was seeing too many accidents in the New England area. Ms Roach was given a conditional release order for 14 months and must lodge her certificate of completion for the Traffic Offenders Program on May 23.

SPITERI, Matthew, a 41 year old from Merriwa pled not guilty to charges of exclude person fail to leave premises when required, resist officer in execution of duty, use offensive language in/near public school and intimidate police officer in execution of duty. The charges relate to an alleged incident at Cassilis Rodeo in February. The matters were adjourned until June 20.

SQUIRES, Chad William, a 24 year old from Scone appeared in court and pled not guilty to charges of goods suspected stolen in/on premises and guilty to two charges of drive vehicle, illicit drug present in blood. The charge of goods suspected stolen was alleged to have occurred on October 2 at approximately 12:20pm in Scott Street, Scone and pertained to 31 BCF gift cards to the value of $2,700 which police claim may reasonably be suspected of being stolen or otherwise unlawfully obtained. All matters were adjourned until June 21.

STRONG, Curtis James, a 23 year old from Scone had a charge of drive with middle range prescribed concentration of alcohol. The offence occurred on February 9 at approximately 11:54pm when Mr Strong returned a reading of 0.107. When he was pulled over by police he told them, “I’ll go over, I shouldn’t be driving.” Mr Strong admitted to consuming seven bottles of Northern Beer at the Scone RSL Club and had eaten a prawn cocktail and a seafood combination before attempting to drive three people to their home in Park Street. While a mandatory interlock period should apply, Mr Strong does not have access to a vehicle and was fined $350and disqualified from driving for 12 months.

SUMPTER, Leone, a 24 year old from Merriwa entered a written plea of guilty appear on a charge of possess prohibited drug. On January 24, Police pulled Ms Sumpter over and explained they had information Ms Sumpter and or her vehicle was involved in possession of prohibited drugs. A search of the car found a small black case in the driver’s side door pocket which contained a glass ice pipe, several small pieces of plastic straws and a small plastic resealable bag containing a crystal substance believed to be methylamphetamine. The matter was adjourned until April 18.

TRAISE, John William, a 55 year old from Quirindi pled guilty to a charge of drive with middle range concentration of alcohol. The offence occurred on January 24 at approximately 4:50pm in Kingdon Street, Scone when Mr Traise returned a reading of 0.126. Mr Traise had a previous alcohol offence in 2009. At het time of this offence he was throwing pamphlets out of the car window and posed a serious risk to a member of the community. He had also been previously seen by police to perform a U-turn over double unbroken lines in Liverpool Street, near the intersection of Kelly Street. When police pulled him over he said, “Yeah you got me, I will go over.” Mr Traise admitted to drinking six 375ml of Toohey’s New between 12pm and 4pm. A sentence assessment report was ordered and the matter was adjourned until June 20.

WILSON, Lee Anthony, a 29 year old from Denman pled not guilty to a charge of destroy or damage property less than or equal to $2,000 and destroy or damage property more than $5,000 and less than $15,000. The alleged offence occurred on October 7 at approximately 12:30pm in Scone, when there was damage done to a Nissan Patrol. The matter was adjourned for hearing on June 21.

WRIGHT, David, a 46 year old from Scone had two charges of common assault, one of break and enter house etc steal value less than or equal to $60,000, use unregistered registerable vehicle on road, use uninsured motor vehicle, drive vehicle – illicit drug present in blood, unlawful entry on enclosed lands and enter dwelling with intent. On one count of common assault there was no action taken on the breach of bail. The charges of break and enter, use unregistered registerable vehicle, use uninsured motor vehicle and unlawful entry on enclosed lands were all withdrawn and dismissed. On charge of enter dwelling with intent and the other count of common assault, Mr Wright was sentenced to a total of 12 months gaol and a non-parole period of seven months. The Magistrate said the fact that Mr Wright has two instances of further reoffending, even though they may be considered at the lower end of seriousness, she couldn’t be satisfied of community protection if he remained in the community. One of the offences was stealing a stereo in a fully furnished house which Mr Wright had inspected to rent, while he was on a section 9 and section 12 bond. Mr Diggins, Mr Wright’s solicitor, lodged an appeal for bail, which the Magistrate refused. Mr Wright also had a charge of drive motor vehicle illicit drug present in blood first offence from an incident on Liverpool Street in Scone on October 4 last year. He was found guilty and convicted under section 10 and was disqualified from driving for a period of 6 months.

WRIGHT, Leonie, a 47 year old from Scone presented for hearing and pled guilty to charges of use prohibited weapon contrary to prohibition order T2, possess or use a prohibited weapon without permit T2 and two charges of possess prohibited drug. A pre-sentence report was ordered and the matters were adjourned until May 24. Charges which were withdrawn included firearm etc found at premises-subject to prohibition order,  two counts of acquire etc pistol-subject to firearms prohibition order T2, use or supply etc stolen firearm or firearm part, owner/occupier knowingly allow use as drug premises first offence, two counts of possess unauthorized pistol T2, goods suspected stolen in/on premises, resist or hinder police officer in execution of duty, acquire etc prohibited firearm part –prohibition order T2 and possess unauthorized prohibited firearm T2.

WU, Da Ming, a 57 year old from Scone pled guilty to a charge of never licenced person drive vehicle on road. The offence occurred on January 23 in Scone. Magistrate Soars noted he had previously been fined for the same offence. The matter was adjourned until April 18.

Related stories: Previous Court Reports.