Proser­pine Mag­is­trate’s Court

Whitsunday Times - - LOCAL NEWS -

Breach of bail

Drug diver­sion

brake lights and in­di­ca­tor of the Sil­ver Toy­ota Hilux which came to a com­plete stop in the right turn­ing lane on Shute Har­bour Road at 12.15pm. Culling’s car hit the back of the Hilux and both ve­hi­cles were de­clared write-offs. The driver of the Hilux was trans­ported to hos­pi­tal for neck in­juries. Culling was con­victed and fined $220.

Abu­sive mes­sages

Bryce Rex Wat­son was con­victed and fined a to­tal of $1320 for us­ing a car­riage ser­vice to men­ace, ha­rass or cause of­fence and con­tra­ven­ing a do­mes­tic vi­o­lence or­der.

Be­tween 6.15pm on July 11 and 11.30pm on July 17 this year, Wat­son sent a to­tal of 81 text mes­sages to the ag­grieved. The ag­grieved found the mes­sages to be of­fen­sive and ha­rass­ing. On Au­gust 30, Wat­son vol­un­tar­ily at­tended a po­lice sta­tion but de­clined to take part in a recorded in­ter­view, stat­ing he was aware of his in­ap­pro­pri­ate ac­tions. Wat­son was fined $880 for us­ing a car­riage ser­vice to men­ace, ha­rass or cause of­fence and $440 for con­tra­ven­ing the do­mes­tic vi­o­lence or­der.

Mark Phillip Nixon ap­peared in court on charges re­lat­ing to breach of bail un­der­tak­ing, con­tra­ven­ing the di­rec­tion or re­quire­ment of po­lice and wil­ful dam­age. Nixon was re­leased on bail from the Southport watch house on the Gold Coast on Septem­ber 2, and failed to ap­pear in court on Septem­ber 16. On Septem­ber 22, po­lice were at Abell Point Ma­rina in re­la­tion to a sep­a­rate mat­ter and were un­aware Nixon was sub­ject to a pre­vi­ous war­rant. He vol­un­tar­ily at­tended Whit­sun­day Po­lice Sta­tion in re­la­tion to other mat­ters and checks re­vealed the war­rant was out­stand­ing. Nixon was con­victed and fined $550 for the breach of bail un­der­tak­ing, with all other charges to be dealt with in the Southport Mag­is­trates court on Oc­to­ber 14.

Ni­co­las Guy LeMercier was or­dered to at­tend a drug diver­sion pro­gram on Oc­to­ber 8 and placed on a $400 good be­hav­iour bond for four months af­ter plead­ing guilty to pos­sess­ing danger­ous drugs. At 1.35am on Septem­ber 5, Whit­sun­day Po­lice at­tended an Air­lie Beach res­i­dence af­ter re­ceiv­ing a noise com­plaint. They smelt cannabis and con­ducted a search. The 27-year-old French back­packer had a piece of alu­minium foil con­tain­ing a quan­tity of cannabis and also a small quan­tity in a rolled cig­a­rette pa­per. He was charged with pos­sess­ing danger­ous drugs and no con­vic­tion was recorded.

Fire ex­tin­guisher

Mag­is­trate Ha­dyn St­jern­qvist said it was an “ex­pen­sive and un­for­tu­nate night of bad de­ci­sion mak­ing” that led to Nathan James Simpson to a charge of wil­fully de­stroy­ing an alarm or ap­pa­ra­tus.

At 2.35am on Septem­ber 8, Whit­sun­day Po­lice at­tended Pep­pers Re­sort af­ter a re­port that a fire had oc­curred in one of the rooms and a fire ex­tin­guisher had been dis­charged. Po­lice found four men in the room cov­ered in a thick pow­der-like sub­stance. Simpson said he and his friends had been in Air­lie Beach on the night of Au­gust 7, when they found a fire ex­tin­guisher on the side of Shute Har­bour Road on their way back to the re­sort. He said he thought it would be fun to dis­charge the ex­tin­guisher in the unit but ad­mit­ted it “was a stupid thing to do and out of char­ac­ter”.

Simpson was or­dered to pay resti­tu­tion of $1661.50 to Pep­pers Re­sort and placed on a $1000 good be­hav­iour bond for 12 months. A con­vic­tion was not recorded.

Drug pos­ses­sion

San­dra Val­mae Eve­lyn Osler was or­dered to par­tic­i­pate in a drug diver­sion pro­gram and placed on a $400 good be­hav­iour bond af­ter plead­ing guilty to three sep­a­rate drug re­lated of­fences. On Septem­ber 2, Proser­pine Po­lice at­tended a Hy­de­away Bay res­i­dence to ex­e­cute a war­rant at 11.50am. Po­lice found a white bowl con­tain­ing cannabis, a length of pipe con­tain­ing a cone piece and a pair of scis­sors in the pa­tio area and found a me­tal tin with a quan­tity of cannabis in the din­ing area. Osler ad­mit­ted the items be­longed to her. Duty lawyer Sheena Hayes said Osler suf­fered a back in­jury in 2001 and was on pre­scrip­tion med­i­ca­tion for the in­jury and uses “cannabis to treat the pain from time to time”. The 47-year-old was charged with pos­sess­ing danger­ous drugs, pos­sess­ing uten­sils or pipes that had been used and pos­sess­ing any­thing used in the com­mis­sion of crime de­fined in part two. No con­vic­tion was recorded for the of­fences.

Cannabis in pocket

Ryan Peter Kaser was placed on a $400 good be­hav­iour bond for four months af­ter plead­ing guilty to pos­sess­ing danger­ous drugs. On Au­gust 31, po­lice saw Kaser walk­ing on Hin­schen Street in Proser­pine and asked him to empty his pock­ets. Kaser re­moved three small clip seal bags from his pock­ets con­tain­ing a to­tal of 7.5g grams of cannabis. The 20-yearold sand­blaster said he would be will­ing to com­plete a drug diver­sion pro­gram. No con­vic­tion was recorded for the of­fence.

Bad habit

Gary Ron­ald Stim­son pleaded guilty to pos­sess­ing danger­ous drugs and pos­sess­ing uten­sils or pipes. On Septem­ber 8, po­lice at­tended a res­i­dence at Shute­haven to ex­e­cute a war­rant to search for danger­ous drugs. They found a small clip seal bag con­tain­ing 0.9g of cannabis and a home­made wa­ter pipe be­lieved to be a bong. The 49-year-old stone­ma­son ad­mit­ted to own­ing the bag. He was fined $550, a con­vic­tion recorded and the prop­erty de­stroyed.

Hefty fine

Ti­mothy Carl Ma­son pleaded guilty to us­ing a car­riage ser­vice to men­ace, ha­rass or cause of­fence on July 19. Prior to the of­fence Ma­son had been re­sid­ing with his mother at her res­i­dence on Pleas­ant Drive in Cannonvale. She in­formed Ma­son of her in­ten­tion to move from the res­i­dence and as a re­sult told Ma­son he would have to move. Po­lice prose­cu­tor El­iz­a­beth Cas­sells said Ma­son dam­aged prop­erty within the res­i­dence. Be­tween July 18-22, Ma­son sent 24 text mes­sages and over 15 phone calls of an abu­sive and ha­rass­ing na­ture. Mag­is­trate Ha­dyn St­jern­qvist said it was a “deplorable way to treat your mother” and the mes­sages “con­tained very se­ri­ous threats”. Ma­son re­sponded that he “had no re­grets” and was “an­gry and distressed of be­ing kicked out” of his house. Ma­son was fined $990 and a con­vic­tion recorded for the of­fence.

High read­ing

Peter James Dun­ford was fined $1200 and dis­qual­i­fied from driv­ing for six months af­ter plead­ing guilty to a drink driv­ing charge. On July 12, 2004 at 5.10pm, po­lice were con­duct­breath tests on the out­skirts of Mckin­ley when they stopped Dun­ford while he was driv­ing a white Hyundai sedan with North­ern Ter­ri­tory num­ber plates. He ad­mit­ted to “hav­ing a big night” the pre­vi­ous evening and con­sum­ing two pots at a Win­ton pub be­fore driv­ing. The 50year-old re­turned a read­ing of 0.207 per cent.

Ex­pired regis­tra­tion

Matthew Fredrick Ge­orge Neal was fined $550 af­ter plead­ing guilty to driv­ing an un­reg­is­tered and unin­sured ve­hi­cle. Po­lice were con­duct­ing pa­trols on Au­gust 28 when they no­ticed a white Toy­ota Hilux with South Aus­tralian regis­tra­tion plates driv­ing along the Es­planade in Air­lie Beach.

At 12.40am, Neal was stopped for a road­side ran­dom breath test which re­turned a neg­a­tive re­sult for drink driv­ing. Li­cense checks showed that the 39-year-old’s regis­tra­tion had ex­pired on July 5.

Driv­ing of­fences

Adrian Roberts was fined $550 for driv­ing an unin­sured and un­reg­is­tered ve­hi­cle and for of­fences in­volv­ing can­celled regis­tra­tion cer­tifi­cates. At 10.08am on Septem­ber 8, Mackay Po­lice were pa­trolling the Bruce High­way at Blooms­bury when they no­ticed a red Nis­san Pul­sar hatch­back. A regis­tra­tion check showed that the regis­tra­tion had ex­pired in April this year and regis­tra­tion plates had been can­celled on Ju- ly 6. Roberts said he was un­aware that the regis­tra­tion had been can­celled as he had not re­ceived any no­ti­fi­ca­tion. A con­vic­tion was recorded for the of­fence.

Un­reg­is­tered ve­hi­cle

Richard Craig Ren­ton pleaded guilty to driv­ing a Nis­san Patrol wagon that was un­reg­is­tered and unin­sured at 8.45pm on Au­gust 28. He was fined $550 for both of­fences.

Un­ruly be­hav­iour

Mark Gre­gory Chris­tensen was fined $330 with no con­vic­tion recorded af­ter he pleaded guilty to con­tra­ven­ing the di­rec­tion or re­quire­ment of po­lice. At 12.30pm on Au­gust 17, Mag­nums se­cu­rity staff no­ti­fied po­lice of a dis­tur­bance. As po­lice spoke to an un­ruly man, Chris­tensen in­ter­rupted po­lice us­ing of­fen­sive lan­guage. The 31-year-old plumber was is­sued with a move on di­rec­tion but was later found by po­lice in front of Paddy’s Shenani­gans at 1.10am.

Un­reg­is­tered and unin­sured

Steve Coyne pleaded guilty in writ­ing to driv­ing a ve­hi­cle that was un­reg­is­tered and in­sured. He was fined $550 for both of­fences and the facts of the mat­ter were not read out in open court.

Uri­nat­ing in pub­lic

Soren James Knight pleaded guilty in writ­ing to uri­nat­ing in a pub­lic place and as­sault­ing or ob­struct­ing a po­lice of­fi­cer. At 12.28pm on Sun­day, Septem­ber 8, Whit­sun­day Po­lice found Knight stand­ing with his back to the road uri­nat­ing near the Air­lie Beach la­goon. As he started to walk off po­lice asked him to stop. The 21year-old swore pro­fusely and phys­i­cally strug­gled against po­lice. Knight was fined $440 and no con­vic­tion was recorded.

Con­tra­vene di­rec­tion

Christopher John Proberts pleaded guilty in writ­ing to con­tra­ven­ing the di­rec­tion or re­quire­ment of po­lice. At 12.30pm, he was is­sued with a move on di­rec­tion by po­lice on foot patrol in Air­lie Beach. At 1pm, Proberts was seen try­ing to gain en­try to Paddy’s Shenani­gans. The 30-yearold Sa­rina Beach res­i­dent said he was out for a friend’s wed­ding. He was fined $330 with no con­vic­tion recorded.

Poor de­ci­sions

Chris Matthew Vass pleaded guilty in writ­ing to con­tra­ven­ing the di­rec­tion or re­quire­ment of po­lice. At 11.10pm on Satur­day, Septem­ber 7, Whit­sun­day Po­lice were con­duct­ing foot pa­trols in Air­lie Beach when they at­tended Beaches Back­pack­ers to see a man ar­gu­ing with se­cu­rity staff. Po­lice ob­served Vass to be highly in­tox­i­cated and is­sued him with a move on di­rec­tion. At 2.15am, Po­lice found Vass out­side the pie shop in the Air­lie Beach main street. The 24-year-old was fined $440 and a con­vic­tion recorded.

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