Proserpine Magistrate’s Court
Timothy Joseph Attwood was fined $550 after pleading guilty to driving a vehicle that was unregistered, uninsured and without the correct plates.
The 22-year-old Cannonvale resident was driving a black Holden on Shute Harbour Road, Cannonvale, at 7.40pm on June 26, when he was directed to enter a static RBT site.
Police checks revealed the car’s registration had expired on March 28 and it was also uninsured. The plates, belonging to a Toyota station wagon, were found to have been auto-cancelled last year.
Out of character
Sentence was passed on John Douglas Beach who pleaded guilty to the unlawful possession of a weapon.
The court heard that Beach, the owner of a security company, was licensed to carry certain weapons for the purposes of work. However, on November 30, 2012, he was found with a hand gun and magazine clip at the O’Connell River Caravan Park.
Duty lawyer Sheena Hayes outlined mitigating circumstances leading to this event, causing magistrate Haydn Sternqvist to conclude that Beach was “otherwise of good character”.
Beach was fined $1000 but no conviction was recorded for the offence.
Adele Lorraine Blakemore pleaded guilty to charges of driving while under the influence of alcohol and disobeying the speed limit.
At 10.40am on June 24, police were conducting speed checks on the Bruce Highway at Proserpine, when they noticed a red Holden station wagon travelling at 112kms per hour in a 100km zone.
The driver, Blakemore, reportedly smelled of alcohol and admitted consuming about five glasses of white wine and a number of tequila shots between 1pm-1am. Her BAC reading was 0.193.
Defence solicitor John Ryan said there were no allegations of bloodshot eyes, slurred speech or any other signs one would expect of such a reading, therefore his client was “totally bewildered” by the result.
“She did not believe she was under the influence,” he said.
Mr Ryan said Blakemore weighed only 48kg and had not eaten breakfast that day, which may have contributed to the reading.
Magistrate Haydn Stjernqvist said it was a high reading regardless of the “raising of eyebrows” as to why this was the case.
For the speeding charge Blakemore received a $133 fine. For the drink-driving offence she was fined $900 and disqualified from driving for eight months.
Mr Stjernqvist said she would also be subject to the Interlock provisions once she was able to have her licence back.
A 20-year-old Mackay man was fined $330 after pleading guilty to a public nuisance offence.
Levi James Brown was arrested at 3am on June 28 in the Airlie Beach CBD after being evicted from the Mama Africa nightclub where he allegedly punched another person. A conviction was recorded against him for the offence.
Robert Bruce did not dispute a speeding charge but told the court of mitigating circumstances surrounding the event.
On December 12, 2012, Roberts was seen driving at 132kms per hour in a 100km zone at Bloomsbury. He claimed he was placed in a dangerous position by two trucks and had to accelerate to avoid oncoming traffic. He was fined the ticket price of $513 and ordered to pay $84.40 in court costs.
Jasmine Yvonne Anne Mallett pleaded guilty to driving while unlicensed and over the zero alcohol limit that applied in her case.
At 8.20pm on June 29, police followed Mallett as she drove her darkcoloured hatchback from Shute Harbour Road onto Jubilee Pocket Road. Checks revealed her driver’s licence had been SPER suspended due to non payment of fines.
The 29-year-old local resident admitted drinking three stubbies of XXXX Summer beer from 6.30-8pm but said she felt fine to drive. Her BAC reading was 0.036. She was fined $440 and disqualified from driving for a total of four months.
Gregory John Mitchell was placed on a good behaviour bond of $500 for nine months after pleading guilty to a charge of obstructing police.
At 12.20am on June 25, police attended a disturbance in Hermitage Drive, Airlie Beach, after receiving reports that a man was yelling loudly in the street and not wearing any pants.
They apprehended an intoxicated Mitchell, who initially pushed away from the arresting constable and fled towards Shute Harbour Road.
Duty lawyer Sheena Hayes said the 17-year-old university student was remorseful for his actions, which were committed while under the influence of alcohol.
Unregistered and uninsured
Charges against Kathryn Ney of driving a vehicle that was unregistered and uninsured, were dealt with in her absence.
The court heard that at 8.05pm on April 24, Ney was driving a gold-coloured Holden on Shute Harbour Road, Airlie Beach, when she was pulled over by police. Checks revealed the vehicle’s registration had expired on January 4 and it was also uninsured. The 22-year-old Cannonvale resident will pay a $550 fine.
Benjamin John Palser said driving while over the general alcohol limit was a “stupid mistake”. At 7.15pm on May 31, Palser was directed to enter an RBT site on Shute Harbour Road, Airlie Beach. The 41-year-old local resident, who blew .071, admitted drinking three, 375ml cans of Jim Beam Black, from 5.30-7.10pm. He was fined $440 and disqualified from driving for four months but his application for a work licence was granted.
Gregory Pel said he deserved to be before the court for driving while under the influence of alcohol. At 4.25pm on June 27, Pel was driving a white Holden Commodore on Shute Harbour Road, Jubilee Pocket, when he was directed to enter a static RBT site.
“I made a bad call,” he told the court, about his decision to drink beer and homemade spirits before driving home to Airlie Beach.
Pel, who blew 0.176, was fined $880 and disqualified from driving for eight months. Magistrate Haydn Stjernqvist said when the time came to re-apply for his driver’s licence, he would find himself subject to the Interlock program “which is fairly onerous and costly”.
Tosh Rapata Mikare Pidgeon said he “completely forgot” that his driver’s licence had expired on June 14. Pidgeon was waved into a static RBT site on Shute Harbour Road, Jubilee Pocket at 5.30pm on June 30.
Police checks also revealed that the car’s registration had been autocancelled on April 4 and it was consequently uninsured.
Pidgeon told police it was a work vehicle and he did not look after the registration. Magistrate Haydn Stjernqvist issued one $550 fine.
A man who drove while his licence was demerit-point-suspended will pay a $110 fine and be disqualified from driving for six months.
Sean John Roberts was caught driving a blue Holden Utility on Marathon St, Proserpine, at 10.05pm on June 26.
The 18-year-old Proserpine resident was found to have been suspended from driving on June 13.
Damien Edward Rogers made full admissions to using a carriage service to menace, harass or cause offence.
On March 19, the complainant attended the Proserpine Police Station in relation to a series of messages sent by Rogers to her mobile phone, from March 18-19.
Police checked the phone history finding five text messages and eight unanswered phone calls from Rogers. The messages were viewed as threatening, harassing and offensive.
Duty lawyer Sheena Hayes said Rogers accepted he “reacted poorly” at the time. He was fined $1200 and a conviction was recorded against him for the offence.
Mitchel George Ross pleaded guilty to possessing a dangerous drug. At 11.30am on July 2, detectives from the Whitsunday Criminal Investigation Branch (CIB) executed a search warrant at a Strathdickie address where Ross was present. The 31year-old removed a clip seal bag containing 19g of cannabis from his pocket. He was placed on a $400, fourmonth good behaviour bond, conditional upon attending a drug diversion session on August 15.
Allison June Schmidt was fined $220 after pleading guilty to possessing a drug-related utensil, namely a homemade water pipe.
The pipe was given up when detectives from Whitsunday CIB executed a search warrant at Schmidt’s Cannonvale address at 12.20pm on June 20.
The 30-year-old admitted using the pipe to smoke cannabis.
Pushing the envelope
Gavin Frank Wheeler arrived at court in police custody, charged with unlicensed and drink-driving.
At 4.20pm on June 7, police saw Wheeler driving on Shute Harbour Road, Jubilee Pocket. The 37-yearold New Zealander admitted his learner’s licence had not been renewed since a SPER suspension was lifted in May 2013. He told police he had just bought the car and was driving it home. He was breathalysed and blew .041.
Magistrate Haydn Stjernqvist said Wheeler had a history of unlicensed driving.
“People go to jail, believe it or not, for driving unlicensed,” Mr Stjernqvist said, warning Wheeler he was “pushing the envelope” as far as persuading a court to impose a period of imprisonment since nothing else had worked so far.
“I won’t be doing it again your honour, I promise you,” Wheeler said, in accepting his $880 fine and total disqualification penalty of six months.