Proser­pine Mag­is­trate’s Court

Whitsunday Times - - 2013 REEF FESTIVAL -

Poor be­hav­iour

One too many

le­gal limit. Tem­ple-Smith was fined $2600 and dis­qual­i­fied from driv­ing for 16 months.

He was also fined $300 for pos­ses­sion danger­ous drugs and no con­vic­tion was recorded.

Daniel Ray­mond Gilchrist Smith pleaded guilty to be­ing re­moved from premises by se­cu­rity and to ob­struct­ing a po­lice of­fi­cer.

On July 17, Whit­sun­day Po­lice were con­duct­ing a foot patrol of the Air­lie Beach CBD when they saw two men be­ing ap­proached by se­cu­rity guards in the smok­ing area at Mag­nums.

Po­lice watched the se­cu­rity guards di­rect­ing the men to leave the venue. The court was told the two males then stood up be­fore turn­ing back to ar­gue with se­cu­rity.

One of the men, Smith, strug­gled against the se­cu­rity staff as they es­corted him to the front of the venue.

Af­ter the 28-year-old was re­leased, po­lice ap­proached him to find out what hap­pened and ob­served him to be highly in­tox­i­cated as he tried to push past po­lice.

Smith was fined $500 for re­moval of per­sons from a premises by se­cu­rity and fined $600 for ob­struct­ing a po­lice of­fi­cer in the per­for­mance of his du­ties.

Vic­to­ria Ann Hil­ton was re­morse­ful af­ter she was fined $500 and dis­qual­i­fied from driv­ing for two months af­ter plead­ing guilty to a drink driv­ing charge.

On July 28, Whit­sun­day Po­lice had set up a road­side ran­dom breath test unit on Shute Har­bour Road in Cannonvale. Hil­ton was caught driv­ing west on Shute Har­bour Road at 6.28pm, when she was sig­nalled to pull over by po­lice. She sub­mit­ted to a road­side breath test and blew 0.082. The 51-year-old ad­mit­ted to con­sum­ing one can of Wood­stock cola on Cannonvale Beach prior to driv­ing.

Com­mu­nity ser­vice

An­drew Wil­liam Wadding­ton was sen­tenced to 100 hours of com­mu­nity ser­vice af­ter plead­ing guilty to five counts of theft of mail re­cep­ta­cles, ar­ti­cles and postal mes­sages.

Wadding­ton was driv­ing a courier ser­vice ve­hi­cle that was sub­con­tracted by Aus­tralia Post on July 22.

At 1.45pm, the 40-year-old was de­liv­er­ing var­i­ous items of mail in Cannonvale and failed to lo­cate a res­i­den­tial ad­dress on Bor­der Drive.

The court was told he be­came frus­trated, park­ing his courier van on the cor­ner of the road and threw five parcels into the long grass where the items could not be seen.

On July 29, Wadding­ton at­tended Whit­sun­day Po­lice where he par­tic­i­pated in a recorded in­ter­view, stat­ing that he was frus­trated, hav­ing a bad day and was hav­ing trou­ble learn­ing the route.

The court was told Wadding­ton was re­morse­ful and em­bar­rassed and would be seek­ing as­sis­tance to deal with per­sonal is­sues in his life.

Mis­cal­cu­lat­ing drinks

Chris­tiana Con­stance Sur­tees pleaded guilty to driv­ing while un­der the in­flu­ence of al­co­hol.

At 8.15 pm on Au­gust 1, po­lice were con­duct­ing a ran­dom breath test­ing unit on Water­son Way in Air­lie Beach when they in­ter­cepted Sur­tees.

She ad­mit­ted to con­sum­ing two 375ml full strength beers be­tween 6-8pm at a friend’s house.

At 8.45pm, Sur­tees sub­mit­ted to a road­side breath test and re­turned a BAC read­ing of 0.053 per cent.

The 32-year-old told the court she had mis-cal­cu­lated how much she could drink in that pe­riod of time.

Sur­tees was fined $200, dis­qual­i­fied from driv­ing for one month.

Un­reg­is­tered and unin­sured

Pauline Mar­ree Enkel­man pleaded guilty to charges re­lat­ing to op­er­at­ing an unin­sured and un­reg­is­tered ve­hi­cle. At 5.50pm on July 31, Proser­pine Po­lice were con­duct­ing a road­side breath test on an­other ve­hi­cle on Shute Har­bour Road in Can­non Val­ley when they ob­served Enkel­man drive past.

Po­lice con­ducted a check of the regis­tra­tion and noted that it had been can­celled in Novem­ber last year.

When po­lice in­ter­cepted the ve­hi­cle to ask why Enkel­man was driv­ing it un­reg­is­tered, she stated that she did not know it was un­reg­is­tered as she had not re­ceived the pa­per­work telling her to pay.

The court was told the six cylin­der ve­hi­cle was un­reg­is­tered, and as a re­sult was also unin­sured.

Enkel­man was fined $352 for driv­ing an un­reg­is­tered ve­hi­cle and fined $440 for driv­ing with­out in­sur­ance.

Dis­obey­ing po­lice

Troy Ed­ward Paget pleaded guilty in writ­ing to con­tra­ven­ing the di­rec­tion and re­quire­ment of po­lice.

At 2.50am on Au­gust 4, Paget was evicted from Mama Africa in Air­lie Beach by se­cu­rity staff for his be­hav­iour. The court was told Paget re­fused to leave the front of the venue.

At 2.52am, po­lice is­sued a move on di­rec­tion to Paget and in­structed him to not re­turn to the CBD precinct be­fore 8am the next day.

Paget con­tin­ued to swear at po­lice and was ar­rested for con­tra­ven­ing a po­lice di­rec­tion. The 23-year-old was fined $300 and no con­vic­tion was recorded.

No more chances

Mag­is­trate Ron Muir­head said there would be no more chances for Dan­nii El­iz­a­beth Ersk­ine who pleaded guilty to as­sault­ing a po­lice of­fi­cer in the per­for­mance of their du­ties and con­tra­ven­ing the di­rec­tion or re­quire­ment of po­lice.

At 11.30pm on July 27, Po­lice were con­duct­ing a foot patrol of Shute Har­bour Road in the Air­lie Beach CBD when they heard a woman yelling abu­sive lan­guage be­tween two night­clubs. Po­lice warned her of her be­hav­iour and ad­vised her to leave the area and con­tinue on with her night.

The court was told she con­tin­ued to ar­gue with po­lice and at 11.37pm, po­lice is­sued her with a move on di­rec­tion. At 11.45pm they ap­proached Ersk­ine at McDon­ald’s in Air­lie Beach and placed her un­der ar­rest for con­tra­ven­ing the move on di­rec­tion. At 12.42am on July 28, Ersk­ine was in the watch house and asked to use the toi­let.

A po­lice of­fi­cer es­corted her to the toi­let but she at­tempted to pull away and be­came ag­gres­sive.

A fel­low of­fi­cer helped to re­strain Ersk­ine be­fore she kicked out with her left leg sev­eral times and struck the of­fi­cer on his right leg and knee.

The court was told the 18-year-old recog­nised that this be­hav­iour could not go on and had taken steps to re­move her­self from the “de­struc­tive en­vi­ron­ment in Air­lie Beach”.

Mag­is­trate Ron Muir­head said when a per­son as­saulted a po­lice of­fi­cer, a term of im­pris­on­ment had to be con­sid­ered but be­lieved it would be un­fair to im­pose im­pris­on­ment given Ersk­ine’s young age and some ex­cep­tional cir­cum­stances.

Ersk­ine was fined $300 for con­tra­ven­ing the di­rec­tion of a po­lice of­fi­cer, $2000 for as­sault­ing a po­lice of­fi­cer in the per­for­mance of their du­ties and was or­dered to pay com­pen­sa­tion of $800 to the po­lice of­fi­cer who was in­jured.

She was also banned from all li­censed premises in the Air­lie Beach precinct for six months.

Drunk and dis­or­derly

Bran­don Ken­neth Dowey pleaded guilty in writ­ing to a drunk and dis­or­derly in a li­censed premise. At 12.05 on July 27, Dowey was con­sum­ing al­co­hol at Mama Africa, Air­lie Beach when he was in­volved in a phys­i­cal al­ter­ca­tion Se­cu­rity staff at­tempted to evict both men and Dowey vi­o­lently re­sisted, shout­ing abu­sive lan­guage and be­came very ag­gres­sive.

As po­lice ar­rived they ob­served him to be highly in­tox­i­cated with slurred speech, smelling of liquor and con­tin­ued to be ag­gres­sive to­wards se­cu­rity and po­lice. The 31year-old mo­tor me­chanic was fined $750 and a con­vic­tion recorded.

Steal­ing charge

Rebecca Lisa Latham pleaded guilty to steal­ing a brass spot­light lamp, val­ued at $800 from Colour Me Crazy. At 8.30am on July 15, the busi­ness was opened for trade and the shop at­ten­dant re­called see­ing a brass spot­light lamp in the rear store room area. Later in the morn­ing a wit­ness re­called see­ing a woman act­ing sus­pi­ciously around the lamp.

The shop at­ten­dant no­ticed the lamp was miss­ing and made a post on Colour Me Crazy’s Face­book alert­ing cus­tomers of the theft. Re­ports in­di­cated an iden­ti­cal lamp be­ing of­fered for sale by Latham on the Whit­sun­day Buy, Swap, Sell Face­book site. Po­lice were no­ti­fied of the theft on July 16. At 1pm on July 16, Proser­pine Po­lice at­tended Water­son Way in Air­lie Beach and spoke with Latham about the com­plaint. She stated that she had pur­chased the lamp for $300 at a garage sale in Mackay ten days prior and pro­vided al­i­bis of her lo­ca­tion in Cannonvale and Air­lie Beach on the day of the theft. The shop at­ten­dant iden­ti­fied the lamp and Proser­pine Po­lice re­quested Mackay Po­lice to con­duct a door knock on the prop­erty listed as hold­ing the garage sale and failed to iden­tify the al­leged seller.

At 2.25pm on Au­gust 1, Po­lice is­sued Latham with a no­tice to ap­pear.

She was placed on a pro­ba­tion or­der for 12 months and or­dered to com­plete 50 hours of un­paid com­mu­nity ser­vice with no con­vic­tion recorded.

Boat col­li­sion

Con­rad Charles Ross-Smith ar­rived in court in po­lice cus­tody and pleaded guilty to op­er­at­ing a ship un­safely, op­er­at­ing a ship un­li­censed and fail­ing to re­port an in­ci­dent to ship­ping au­thor­i­ties within 48 hours.

On July 23, Whit­sun­day Wa­ter Po­lice re­ceived in­for­ma­tion re­lat­ing to a marine in­ci­dent in­volv­ing a col­li­sion of two ves­sels in Pi­o­neer Bay at ap­prox­i­mately 4am on July 20. The col­li­sion in­volved the ves­sel Apollo Three and The Job.

On July 28, Ross-Smith took part in a recorded in­ter­view and stated he was the owner of Apollo Three and had side swiped an­other ves­sel in the ma­rina.

The court was told the 43-year-old did not hold a cur­rent marine li­cense, cur­rently resided on the ves­sel and failed to re­port the in­ci­dent be­cause “he thought it was too mi­nor”. Mag­is­trate Ron Muir­head said no one was hurt and the dam­age was fairly mi­nor but Ross-Smith still op­er­ated a ves­sel un­safely.

Ross-Smith was fined $750 for op­er­at­ing a ship un­safely, $600 for op­er­at­ing a ship un­reg­is­tered and $600 for fail­ing to re­port the in­ci­dent to mar­itime au­thor­i­ties.

No con­vic­tion was recorded.

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