Proser­pine Mag­is­trate’s Court

Whitsunday Times - - LOCAL NEWS -

Pub­lic nui­sance

A pub­lic nui­sance charge against Ben Wal­ter Bass was dealt with in his ab­sence. At 12.40am on June 15, po­lice at­tended the Mama Africa night­club where a fight had bro­ken out. Se­cu­rity staff said Bass had el­bowed an­other per­son in the head af­ter he was asked to leave. The 34-year-old from NSW ini­tially told po­lice they “had the wrong guy”. He was fined $700 but no con­vic­tion was recorded for the of­fence.


De­fence so­lic­i­tor Sher­rie Meade said fear led Si­mon Michael Bo­gie to drive while un­der the in­flu­ence of al­co­hol. At 10.33pm on May 17, po­lice were in­formed that Bo­gie had driven a white util­ity from the Ju­bilee Tav­ern car park af­ter con­sum­ing al­co­hol on site.

At 10.39pm they at­tended his Ju­bilee Pocket ad­dress find­ing a white Ford util­ity parked on the na­ture strip.

Bo­gie ad­mit­ted drink­ing five schooners of beer at the Tav­ern but ini­tially told po­lice he had caught a cab home. He later con­fessed to driv­ing and re­turned a BAC read­ing of 0.166 per cent.

Ms Meade said the 32-year-old landscaper had re­cently fallen off a lad­der and was wait­ing for an op­er­a­tion on his leg. She said on the night in ques­tion he had been drink­ing with friends but joined an­other group of peo­ple af­ter they left. A sit­u­a­tion then al­legedly de­vel­oped re­sult­ing in Bo­gie be­com­ing un­com­fort­able and fear­ful for his safety. It was un­der th­ese cir­cum­stances and due to his re­duced mo­bil­ity that he made the de­ci­sion to drive.

Bo­gie was fined $1200 and dis­qual­i­fied from driv­ing for seven months.

Li­cence sus­pended

Jimmy Bo­sio pleaded guilty to driv­ing while his li­cence was demerit-point-sus­pended. The 51-year-old lo­cal res­i­dent was caught driv­ing a Toy­ota Corolla on the Bruce High­way, near Blooms­bury at 4.40pm on May 23. Po­lice checks re­vealed his driver’s li­cence had been sus­pended from Fe­bru­ary 27Au­gust 26, due to an ac­cu­mu­la­tion of demerit points. Bo­sio said he did not re­call re­ceiv­ing a no­ti­fi­ca­tion from Queens­land Trans­port. He was fined $800 and dis­qual­i­fied from driv­ing for six months.

No ex­cuse

Jessica Mary Cooke had no ex­cuse for driv­ing with­out a li­cence. At 9pm on June 18, Cooke was driv­ing a Toy­ota Hilux on Shute Har­bour Road, Air­lie Beach, when she was stopped by po­lice. The 25-year-old, who lives lo­cally, pro­duced a New Zealand li­cence that had ex­pired in Septem­ber 2012. The court heard she had been liv­ing in Aus­tralia since Au­gust last year. She was fined $500 and a con­vic­tion was recorded for the of­fence.

In­for­ma­tion check

Daniel Wayne Davis was not in court to an­swer a charge of fail­ing to record in­for­ma­tion, which was dealt with in his ab­sence. At 6.15pm on Fe­bru­ary 23, po­lice in­ter­cepted Davis driv­ing a Ken- worth Prime Mover in Townsville. An in­for­ma­tion check re­vealed he had not recorded a change from rest to work at Cannonvale. The 38-year-old ad­mit­ted he had not filled out his work diary as re­quired. He was fined $600 and or­dered to pay court costs of $81.10.

Out of line

Dale Owen El­ing ad­mit­ted be­hav­iour that led to charges of pub­lic nui­sance and ob­struct­ing po­lice was “out of line”.

At 11.50pm on June 21, po­lice were called to Proser­pine’s Metropole Ho­tel where El­ing was at­tempt­ing to fight peo­ple en­ter­ing and leav­ing the ho­tel. When asked for iden­ti­fi­ca­tion he be­came ver­bally abu­sive to­wards po­lice. The 37-year-old Mackay res­i­dent strug­gled against po­lice dur­ing his ar­rest. He al­legedly head butted the po­lice ve­hi­cle and brought phlegm up in his throat, caus­ing po­lice of­fi­cers to be­lieve he might spit at them.

Po­lice prose­cu­tor El­iz­a­beth Cas­sells said El­ing had a his­tory of pub­lic nui­sance and street of­fences. Mag­is­trate Ron Muir­head warned him that any more of this type of be­hav­iour could re­sult in a pe­riod of im­pris­on­ment. He was fined $750 for the pub­lic nui­sance of­fence and $500 for the charge of ob­struct­ing po­lice. Con­vic­tions were recorded on both counts.


Wes­ley Stu­art Green­wood was not in court to an­swer a charge of unau­tho­rised deal­ing with shop goods which was dealt with in his ab­sence. At 11.48am on May 29, Green­wood took a ra­zor, worth $15.19 from Proser­pine’s IGA store. The 47-year-old was fined $400 and or­dered to pay resti­tu­tion of $15.19. No con­vic­tion was recorded.

Di­rec­tion con­tra­vened

A charge of con­tra­ven­ing a po­lice di­rec­tion against Tony Troy Daniel Mul­li­gan was dealt with in his ab­sence. At 3.50pm on April 24, Mul­li­gan was served with a no­tice di­rect­ing him to at­tend the Whit­sun­day Po­lice Sta­tion with his ID par­tic­u­lars within seven days, which he sub­se­quently failed to do. When po­lice caught up with him at 7pm on June 23, the 25-year-old said he had gone back to Mo­ran­bah for work and for­got. He was fined $350 but no con­vic­tion was recorded for the of­fence.

With­out due care

A woman who ar­rived in court in a wheel­chair, pleaded guilty to a charge of driv­ing with­out due care and at­ten­tion.

Derinda Faye Mary O’Brien was in­volved in a two-ve­hi­cle traf­fic crash on Shute Har­bour Road, Can­non Val­ley on May 17, at 6.50am. O’Brien was driv­ing a sil­ver Dai­hatsu, when she col­lided with a blue Jeep Chero­kee, while turn­ing right into the Mo­bil ser­vice sta­tion.

De­fence so­lic­i­tor Sher­rie Meade said the driver of the Jeep Chero­kee was un­harmed but O’Brien suf­fered hor­rific in­juries as a re­sult of the crash. The court heard she had shat- tered her wrist, frac­tured her col­lar bone and left leg and in­jured her right knee sig­nif­i­cantly.

“She has re­ally suf­fered quite a lot for this very short mo­ment,” Ms Meade said.

Mag­is­trate Ron Muir­head took this into ac­count, on top of O’Brien’s im­pec­ca­ble driv­ing record of more than 30 years. He took no ac­tion against her li­cence and is­sued an $800 fine, which he de­scribed as “right at the lower end of the scale”.

Nom­i­nal penalty

John Ed­ward Power pleaded guilty to us­ing a car­riage ser­vice to men­ace, ha­rass or cause of­fence. The court heard the 32-year-old, from Bracken Ridge, had sent a se­ries of text mes­sages to the vic­tim, on June 21. The vic­tim said she felt threat­ened and made a for­mal com­plaint. How­ever, duty lawyer Sher­rie Meade de­tailed mit­i­gat­ing cir­cum­stances sur­round­ing the event. Mag­is­trate Ron Muir­head de­ter­mined Power was nor­mally a per­son of good char­ac­ter. He im­posed the nom­i­nal penalty of a $200 fine.

Sen­tence ex­tended

A man who drove while over the le­gal al­co­hol limit, in breach of a sus­pended sen­tence, nar­rowly avoided be­ing sent to jail.

Mathew John Reid was caught driv­ing on Midge Point Road, Blooms­bury on May 25, at 1am. He ad­mit­ted con­sum­ing a num­ber of Sum­mer beers from 5-11pm but said he felt fine to drive. His BAC read­ing was .076 per cent.

Mag­is­trate Ron Muir­head said while the read­ing was “not that high”, this was Reid’s third drink-driv­ing of­fence. Reid was fined $1000 and dis­qual­i­fied from driv­ing for six months.

Mean­while the court heard this of­fence was also in breach of a sus­pended sen­tence is­sued in June, 2012, in the Mackay Mag­is­trate’s Court. Reid was sen­tenced to four months im­pris­on­ment, sus­pended for 15 months. Mr Muir­head ruled this would now be ex­tended for a fur­ther six months un­til March 12, 2014.


Michelle Ma­ree Sylvester said she was sur­prised that two Sum­mer beers pushed her over the le­gal limit to drive. Sylvester was caught driv­ing a blue Holden sedan on Faust Street, Proser­pine, on June 7 at 8.15pm. Her BAC read­ing was .076. The 34-year-old, from Proser­pine, was fined $550 and dis­qual­i­fied from driv­ing for three months.

Work li­cence granted

Si­mon Lawrence Webb was fined $500 and dis­qual­i­fied from driv­ing for three months af­ter plead­ing guilty to a drink-driv­ing charge. The 31-year-old lo­cal res­i­dent was breathal­ysed af­ter driv­ing a white van on Shute Har­bour Road, Ju­bilee Pocket, on June 17, at 10.50pm. His BAC read­ing was .073. His ap­pli­ca­tion for a work li­cence was suc­cess­ful.

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