Proser­pine Mag­is­trate’s Court

Whitsunday Times - - LOCAL NEWS -

$550 fine

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.

High read­ing

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.

Pub­lic nui­sance

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.

Speed­ing

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.

Un­li­censed

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.

Ob­struct­ing po­lice

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.

Stupid mis­take

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.

Bad call

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”.

Ex­pired li­cence

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.

Li­cence sus­pended

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.

Poor reaction

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.

Drug di­verted

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.

Drug uten­sil

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.

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