Proserpine Magistrate’s Court
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.
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.
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.
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.
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”.
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.
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.