Proser­pine Mag­is­trate’s Court

Whitsunday Times - - LOCAL NEWS -


Turn­ing a page

Out of points

On thin ice

a po­lice di­rec­tion and ob­struct­ing po­lice. The court heard that at 11.50pm on July 18, Cur­tis was seen ar­gu­ing with se­cu­rity staff out­side Paddy’s Shenani­gans in Air­lie Beach. He was is­sued with a move-on di­rec­tion, re­quir­ing him to leave the Air­lie CBD un­til 6am, which he failed to do. He also re­sisted ar­rest. The 31year-old, who lives lo­cally, re­ceived a $330 fine.

A charge of be­ing re­fused en­try to a li­censed premises against Dy­lan Thomas Day was dealt with in his ab­sence. At 9.30pm on July 19, po­lice were called to Mag­nums Ho­tel, Air­lie Beach, where se­cu­rity staff had evicted Day. The 29-year-old con­creter was seen at the rear of the ho­tel at­tempt­ing to re-en­ter. He was fined $285 but no con­vic­tion was recorded against him for the of­fence.

Tyson Joshua Flavel told the court he had “turned a whole new page” since be­ing charged with pos­sess­ing drug-re­lated uten­sils and items and danger­ous drugs.

At 7.10am on July 17, po­lice ex­e­cuted a search war­rant at Flavel’s Cannonvale ad­dress find­ing 0.4g of cannabis, scis­sors cov­ered with cannabis residue, large and small elec­tric grinders, three wa­ter pipes, a brass pipe and .4g of hashish. Mag­is­trate Max­ine Bald­win told the 26year-old fa­ther he had some de­ci­sions to make. “You’ve got to say to your­self, what sort of per­son do I want my son to be, be­cause that’s what I’ve got to be,” she said.

Flavel was placed on a $400, four­month good be­hav­iour bond con­di­tional upon at­tend­ing a drug-diver­sion course on a nom­i­nated date.

Mag­is­trate Max­ine Bald­win did not re­quire the full facts to be read out about a charge of un­li­censed driv­ing against Jemma Louise Fulcher. “Blind Freddy could see she’d run out of points and she drove,” Ms Bald­win said.

Fulcher was caught by po­lice on Ju­bilee Pocket Road on July 16.

She was fined $330 and dis­qual­i­fied from driv­ing for six months.

Mag­is­trate Max­ine Bald­win told Brent Allen Jones he was “skat­ing on thin ice” when it came to of­fences with drugs.

Jones pleaded guilty to charges of pos­sess­ing danger­ous drugs, items used in the com­mis­sion of crime and ex­plo­sives.

At 8.10am on July 24, po­lice ex­e­cuted a search war­rant at Jones’ Proser­pine ad­dress find­ing .3g of cannabis, scis­sors, a small me­tal grinder cov­ered with cannabis residue and three ri­fle bul­lets. For the am­mu­ni­tion charge he was fined $330. For the drug of­fences he was placed on a $1000, 12-month good be­hav­iour bond, con­di­tional upon at­tend­ing a drug-diver­sion course on Au­gust 27 at 11am.

Pub­lic nui­sance

Meaghan Louise Kent pleaded guilty in writ­ing to com­mit­ting a pub­lic nui­sance of­fence. At 6pm on July 23, po­lice re­sponded to emer­gency calls re­lat­ing to a dis­tur­bance at Back­pack­ers on the Bay. Wit­nesses said Kent had a dis­agree­ment with staff and started to kick the walls of the walk­way near the re­cep­tion area. She then sat down and started swear­ing. The 40-year-old re­ceived a $300 fine.

Out of char­ac­ter

Mag­is­trate Max­ine Bald­win said unau­tho­rised deal­ing with shop goods ap­peared to be “out of char­ac­ter” for Julie Melissa Kirk-Gaffney.

At 6pm on April 11, Kirk-Gaffney was seen in the home en­ter­tain­ment sec­tion of Big W at Cen­tro Whit­sun­day. The court heard she took five CD’s and one DVD from their cases and al­legedly left the store with­out pay­ing for them. When the store man­ager ap­proached her she de­camped.

Duty lawyer Sheena Hayes said the 48-year-old left the items in an­other sec­tion of the store and later phoned to say where they were. She said Kirk-Gaffney was very em­bar­rassed by what had oc­curred.

Ms Bald­win said courts were full of good peo­ple who made one bad de­ci­sion.

“But you’re not a teenager so one mis­take is all you get,” she said.

Kirk-Gaffney was placed on a $350 six-month good be­hav­iour bond. No con­vic­tion was recorded against her for the of­fence.

Zero tol­er­ance

Paul Michael Lam­borne was warned of the zero tol­er­ance in the state of Queens­land for of­fences re­lat­ing to drugs.

“You live in Queens­land, drugs are il­le­gal, full stop,” mag­is­trate Max­ine Bald­win said.

At 10.21pm on July 20, po­lice saw Lam­borne walk­ing down the street in Air­lie Beach, where he threw a plas­tic bag into a gar­den bed. The bag was found to con­tain cannabis weigh­ing .2g and a pipe.

The 47-year-old was not el­i­gi­ble for drug-diver­sion and re­ceived a $1200 fine.

Ms Bald­win said at his age Lam­borne needed to think se­ri­ously about whether he wanted to go to jail for drugs.

“You have to find an­other way to get your highs,” she said.


Wil­liam Al­fred Lid­dell was placed on pro­ba­tion for six months af­ter plead­ing guilty to a drink-driv­ing of­fence.

At 8.25pm on July 26, Lid­dell was seen driv­ing a black Nis­san Pul­sar at a very slow speed on Abell Road, Cannonvale. The 60-year-old lo­cal res­i­dent was de­scribed as very irate when ques­tioned by po­lice. He ad­mit­ted drink­ing five or six schooners of mid-strength beer and re­turned a BAC read­ing of .090 per cent.

Po­lice prose­cu­tor El­iz­a­beth Cas­sells said this would be Lid­dell’s fifth drink-driv­ing of­fence.

Mag­is­trate Max­ine Bald­win spoke about how Lid­dell might feel if some­one had been killed.

“I’ve got kids driv­ing on the road,” she said.

“[And] I just can’t en­vis­age what I would even say to a per­son who killed one of my daugh­ters.”

As a con­di­tion of his pro­ba­tion, Lid­dell was or­dered to com­plete the ‘un­der the limit’ pro­gram at a cost of $750.

Un­reg­is­tered and unin­sured

Charges against Michael Craig Moody of driv­ing a ve­hi­cle that was un­reg­is­tered and unin­sured were dealt with in his ab­sence. He was fined a to­tal of $750. The facts were not read out in open court.


“If you’re go­ing to drink, just don’t take your car.”

This were the words of ad­vice from mag­is­trate Max­ine Bald­win to Karl Christopher Neil­son, who pleaded guilty to a drink-driv­ing of­fence.

Neil­son was caught driv­ing a black Holden Com­modore util­ity on Mill Street, Proser­pine at 1.15am on Au­gust 10. He sub­mit­ted to a road­side breath test and blew .088. The 20year-old tyre-fit­ter was fined $440 and dis­qual­i­fied from driv­ing for four months.

Com­mu­nity ser­vice

Tay­lor Paradies was sen­tenced to 60 hours of com­mu­nity ser­vice af­ter plead­ing guilty to pos­sess­ing dru­gre­lated uten­sils, re­ceiv­ing tainted prop­erty and con­tra­ven­ing a po­lice di­rec­tion.

At 5.36pm on July 21, po­lice ex­e­cuted a search war­rant at Paradies’ Cannonvale ad­dress find­ing an out­door ta­ble and five match­ing chairs be­lieved to be stolen prop­erty. The 19-year-old said he bought the fur­ni­ture at garage sale in Proser­pine but checks re­vealed he pre­vi­ously lived at the ad­dress he gave to po­lice.

Po­lice also found a wa­ter pipe, which Paradies ad­mit­ted be­longed to him.

He was re­quired to at­tend the Whit­sun­day Po­lice Sta­tion be­tween April 23-30 with his ID par­tic­u­lars, which he failed to do.

Give it up

Jamie Robert Par­nell said he could and would give up drugs. The 26year-old was charged with two counts of pos­sess­ing danger­ous drugs and one of pos­sess­ing drug-re­lated uten­sils.

At 10.35am on July 17, po­lice exe- cuted a search war­rant at Par­nell’s Proser­pine ad­dress find­ing four grams of cannabis, six cannabis seeds, .2g of methy­lam­phetamine and a home­made wa­ter pipe.

The of­fences were also in breach of a good be­hav­iour bond made in March.

Par­nell was or­dered to pay the $400 amount of the bond and was re­sen­tenced for his orig­i­nal crimes. For th­ese and the cur­rent drug of­fences he re­ceived an $880 fine.

“$1280 – imag­ing what you could do with that,” mag­is­trate Max­ine Bald­win said.

“It’s all a bit of a roller­coaster ride... so best to give the drugs up.”

Fail to ap­pear

Ja­mane Kyle Fer­di­nand Pat­ter­son ar­rived in court in po­lice cus­tody and pleaded guilty to breach­ing his bail. Par­nell was sched­uled to ap­pear in the Ip­swich Mag­is­trate’s Court, but he failed to show up. He re­ceived a $165 fine.

Walk away

John Brian Ste­wart Pil­low was placed on a $440, four-month good be­hav­iour bond af­ter plead­ing guilty to a pub­lic nui­sance charge.

At 2.30am on July 21, po­lice were alerted to a fight near Mag­nums in the Air­lie CBD. Se­cu­rity staff said Pil­low had been in­volved in a ver­bal ar­gu­ment with an­other man that es­ca­lated into a phys­i­cal fight. Duty lawyer Sheena Hayes said the other man threw the first punch and Pil­low suf­fered a frac­ture as a re­sult.

Mag­is­trate Max­ine Bald­win urged him to walk away from fu­ture prob­lems “be­cause this is what can hap­pen”.

Bet­ter way

Jar­ryn Te Paki O Matari Ta­hapeehi was placed on a $350, three-month good be­hav­iour bond af­ter plead­ing guilty to pos­sess­ing danger­ous drugs.

At 11.45pm on July 20, po­lice were speak­ing with Ta­hapeehi on Shute Har­bour Road, Cannonvale, when they no­ticed two small clip seal bags con­tain­ing a white sub­stance, sit­ting in his wallet. The sub­stance, de­ter­mined to be am­phet­a­mines, weighed a to­tal of .7g and ap­par­ently cost the 19-year-old $80.

Mag­is­trate Max­ine Bald­win said she wasn’t about to de­liver a lec­ture on am­phet­a­mines, which she didn’t know much about, ex­cept for the fact that they were il­le­gal.

“[But] there must be bet­ter ways to spend $80,” she said.

Ta­hapeehi was or­dered to at­tend a drug-diver­sion course on Oc­to­ber 4 at 11am.

Di­rec­tion con­tra­vened

Sharon Car­ring­ton was not present in court to an­swer a charge of con­tra­ven­ing a po­lice di­rec­tion. She was fined $165. The facts of the mat­ter were not read out in open court.

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