Proser­pine Mag­is­trate’s Court

Whitsunday Times - - LOCAL NEWS -

Of­fender warned

A man who pleaded guilty to his fifth drink driv­ing of­fence since 2003 has been warned by a mag­is­trate that he is “skat­ing on thin ice”.

Dayne Wade Bur­ley was caught driv­ing a white Toy­ota Land­cruiser on Ple­menuk Road, Mt Mar­low, at 4.45pm on June 11. He ad­mit­ted drink­ing two cans of beer prior to be­ing stopped and recorded a BAC read­ing of .129 per cent. He was also seen driv­ing at 115kms in a 100km per hour zone.

Bur­ley’s pre­vi­ous of­fences were not com­mit­ted within the past five years but his traf­fic his­tory was dis­cussed.

“Why should I al­low you to con­tinue to put the in­no­cent lives of this com­mu­nity at risk?” mag­is­trate Damien Dwyer asked.

“I don’t be­lieve I did. I be­lieved I would have been un­der [the limit],” Bur­ley replied.

Bur­ley was fined $2000 and dis­qual­i­fied from driv­ing for 10 months.

Food for thought

Kee­gan James Don­nelly was told to “just think about things” when he pleaded guilty to a pub­lic nui­sance of­fence.

On the evening of June 17, po­lice at­tended O’Duinn’s Ho­tel in Proser­pine where a dis­tur­bance broke out in­volv­ing about 20 peo­ple. The crowd was dis­persed but just 15 min­utes later po­lice were called to an­other dis­tur­bance near the Metropole Ho­tel. Don­nelly, who was found at the scene with blood on his face, was al­legedly as­saulted by an­other man in­side the ho­tel, be­fore the fight spilled onto the street. Po­lice told Don­nelly to go home but he con­tin­ued to yell at them us­ing of­fen­sive lan­guage to de­scribe his as­sailant

In court on Mon­day, Don­nelly said he was king hit out of nowhere and it “just es­ca­lated from that”.

Mag­is­trate Damien Dwyer said he could un­der­stand the 23-year-old “hav­ing a blue” but there was no need to re­sort to this sort of be­hav­iour.

Don­nelly was fined $350 and a con­vic­tion was recorded against him for the of­fence.

Crime of op­por­tu­nity

A French tourist, with a limited un­der­stand­ing of English, pleaded guilty to steal­ing a note­book com­puter. Richard Du­trait re­lied on the as­sis­tance of a friend to trans­late to the court.

Du­trait was found with the lap­top, stolen from Cen­tro’s Harvey Nor­man store, at 12.30pm on June 26. CCTV footage showed him tak­ing the com­puter at about 11am that day.

Duty lawyer Sheena Hayes de­scribed the theft as a “crime of op­por­tu­nity” and said the 24-year-old had acted “stupidly”.

“I’m not go­ing to ar­gue with him [about that], in English or French,” mag­is­trate Damien Dwyer said.

Du­trait was is­sued with an $800 fine but no con­vic­tion was recorded for the of­fence.

Real risk

Sa­man­tha Kay Hob­day was brought be­fore the court in po­lice cus­tody, charged with breach­ing a con­di­tion of her bail.

On June 24, the 19-yearold Proser­pine res­i­dent en­tered into a bail un­der­tak­ing with con­di­tions about not drink­ing al­co­hol at­tached. At 7.15pm on June 30 po­lice at­tended her ad­dress to con­duct a bail check. She ad­mit­ted con­sum­ing three cans of bour­bon and re­turned a BAC read­ing of .031. Mag­is­trate Damien Dwyer warned Hob­day that by breach­ing her bail she ran a very real risk of hav­ing it re­voked and spend­ing time in jail.

On this oc­ca­sion, she was or­dered to pay a $300 fine.

$2200 fine

An­gela Yvette Laskie was fined $2200 and dis­qual­i­fied from driv­ing for 17 months af­ter plead­ing guilty to a drink-driv­ing of­fence.

Wit­nesses saw an in­tox­i­cated Laskie mov­ing her car on Proser­pine’s Dob­bins Lane on the evening of June 3. Po­lice caught up with her in the bar area of the Prince of Wales Ho­tel. She was breathal­ysed and recorded 0.208. Mag­is­trate Damien Dwyer said Laskie’s read­ing was more than four times the le­gal limit. He said it was a shame that some­one of her stand­ing in the com­mu­nity had been brought to court for putting other peo­ple’s lives at risk.

Last chance

Christopher John Laun­dry was warned he had “one last chance” to change his ways. Laun­dry pleaded guilty to four counts of steal­ing and charges of drink-driv­ing, fail­ing to pro­vide a breath spec­i­men, ob­struct­ing po­lice, con­tra­ven­ing a do­mes­tic vi­o­lence or­der and breach­ing his pro­ba­tion.

At 5.30pm on May 9, Laun­dry al­legedly took items in­clud­ing a bag, hat, sun­screen, oil pack and um­brella from the dis­play out­side the Air­lie Beach Day and Night Chemist. He also took a bikini worth $40 from the sales rack out­side the Rip Curl shop and a num­ber of items from the dis­plays out­side the Air­lie Top Shop. Th­ese in­cluded a dress, pair of thongs, ladies top and three pairs of sun­glasses.

A man­ager from the Air­lie Top Shop fol­lowed Laun- dry onto the Es­planade and asked him to open his bag. She saw the items be­long­ing to her store and asked him if he had a re­ceipt. Laun­dry dropped the bag on the ground, walked away and drove off in his car.

Shortly af­ter this time, po­lice re­ceived re­ports of a sus­pected drink-driver in a white Toy­ota Camry. At 6.20pm they at­tended Laun­dry’s Ju­bilee Pocket ad­dress where they found the ve­hi­cle parked in a drive­way. Laun­dry ad­mit­ted he had driven home about 15 min­utes pre­vi­ously but he did not co-op­er­ate when asked to sup­ply a spec­i­men of breath. He re­sisted ar­rest and kicked and head butted the po­lice ve­hi­cle. At 7.15pm he fi­nally re­turned a BAC read­ing of 0.156.

On June 11, at 11.10pm, po­lice were again called to Laun­dry’s Ju­bilee Pocket ad­dress fol­low­ing re­ports of a do­mes­tic dis­tur­bance. Laun­dry was found to be the re­spon­dent in a do­mes­tic vi­o­lence or­der which was valid un­til Novem­ber 14.

All of Laun­dry’s of­fend­ing took place while he was also the sub­ject of a pro­ba­tion or­der made on March 6.

“What’s go­ing on?” mag­is­trate Damien Dwyer asked the 29-year-old fa­ther of four.

For the drink-driv­ing charge, Laun­dry was fined $1500 and dis­qual­i­fied from driv­ing for 15 months. For the breach of pro­ba­tion he was fined a fur­ther $600. For all other mat­ters he was placed on new pro­ba­tion of 18 months, con­di­tional upon at­tend­ing an ‘un­der the limit’ pro­gram, with a $750 fee. The pre­vi­ous pro­ba­tion or­der was re­voked.

Drug charges

Michael Les­lie James pleaded guilty to pos­sess­ing danger­ous drugs, pos­sess­ing drug-re­lated uten­sils and pos­sess­ing items used in the com­mis­sion of crime.

At 12.30pm on April 2, po­lice ex­e­cuted a search war­rant at James’ Ju­bilee Pocket ad­dress find­ing a bowl con­tain­ing cannabis, along with a wa­ter pipe, me­tal and glass pipes and a grinder. James ad­mit­ted the items were his. He was is­sued with a $300 fine.


A man who pleaded guilty to a pub­lic nui­sance charge nar­rowly avoided spend­ing time in jail.

Jamie Leonard Tose­land was in­volved in a dis­tur­bance at the Air­lie Beach McDon­alds on June 15 at 2.50am. The 22-year-old lo­cal res­i­dent was abu­sive to­wards a staff mem­ber, se­cu­rity staff and Whit­sun­day Po­lice.

The court heard Tose­land had a his­tory of pre­vi­ous pub­lic nui­sance and as­sault oc­ca­sion­ing bod­ily harm.

“If you think we’re go­ing to let this con­tinue, you’ve got an­other thing com­ing,” mag­is­trate Damien Dwyer said.

“I want you to tell me why I shouldn’t send you to jail,” Mr Dwyer asked.

“Be­cause I’m not a bad per­son,” Tose­land replied.

“You’ve ob­vi­ously got dif­fi­cul­ties with anger and you’ve ob­vi­ously got dif­fi­cul­ties with grog.”

Tose­land ad­mit­ted he “went over­board” and said he shouldn’t have been a “smart-ass”.

Mr Dwyer told him he had be­haved “like an ab­so­lute drongo” and warned him to “grow up”.

Tose­land was fined $825 and banned from at­tend­ing any li­censed premises in the Air­lie Beach CBD un­til De­cem­ber 31.

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