Proserpine Magistrate’s Court
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.
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.
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.
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.
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.
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.