Proserpine Magistrate’s Court
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.
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.
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.
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.
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.