Proser­pine Mag­is­trate’s Court

Whitsunday Times - - LOCAL NEWS -

Low read­ing


Mem­ory jolt

cannabis. He was is­sued with a no­tice to at­tend the po­lice sta­tion within seven days, which he failed to do.

The 38-year-old re­ceived fines amount­ing to a to­tal of $660.

Michael David Costello recorded a BAC of 0.058 af­ter he was in­ter­cepted for a ran­dom breath test at 6.54pm on Novem­ber 26 in Can­non­vale.

Mag­is­trate Haydn St­jern­qvist said this was a low range drink-driv­ing of­fence. He im­posed a $220 fine and dis­qual­i­fied Costello from driv­ing for one month.

Af­ter the penalty was handed down, Costello en­quired about ap­ply­ing for a work li­cence. He even­tu­ally de­cided not to take this op­tion and ac­cepted the penalty im­posed.

Ben­jamin El­li­son pleaded guilty in writ­ing to a charge of con­tra­ven­ing a po­lice re­quire­ment. At 12.45am on Novem­ber 30, po­lice were called to Boom night­club, Air­lie Beach, where El­li­son had been re­fused en­try due to his level of in­tox­i­ca­tion. Po­lice prose­cu­tor Se­nior Sergeant Matt Saun­ders said El­li­son was di­rected to state his full and cor­rect name which he re­fused to do. He al­legedly told po­lice he had no photo ID and re­fused to iden­tify him­self ver­bally.

In his let­ter, El­li­son apol­o­gised to po­lice and the court, say­ing he was some­what “con­fused” about his obli­ga­tions as a cit­i­zen. He re­ceived a $220 fine.

A 31-year-old preg­nant woman ap­peared in court charged with pos­sess­ing drug-re­lated uten­sils. Chantelle Louise Em­slie pleaded guilty to the of­fence.

At 9.30am on Novem­ber 29, po­lice ex­e­cuted a search war­rant at Em­slie’s Ju­bilee Pocket ad­dress find­ing a plas­tic wa­ter pipe in the kitchen cup­board.

Duty lawyer An­toinette Mor­ton told the court Em­slie was us­ing the pipe to smoke to­bacco rather than il­le­gal drugs.

Mag­is­trate Haydn St­jern­qvist said she had al­ready been on two vis­its to the drug di­ver­sion pro­gram.

“So you’re mem­ory’s not very good,” he said.

Em­slie re­ceived a $220 fine.

Ex­tended sen­tence

Rhys Mitchel Hayes-Trim­mer had his sus­pended sen­tence in­creased by two months af­ter plead­ing guilty to pos­sess­ing drug-re­lated uten­sils.

At 9.50am on Septem­ber 10, po­lice at­tended the 21-year-old’s Can­non­vale ad­dress on an un­re­lated mat­ter. Af­ter smelling cannabis they asked Hayes-Trim­mer if he had any­thing he wanted to de­clare. He pro­duced a home­made wa­ter pipe and ad­mit­ted us­ing it to smoke cannabis.

The court heard Hayes-Trim­mer was cur­rently serv­ing a sus­pended sen­tence for mat­ters of a dif­fer­ent na­ture. In ad­di­tion to ex­tend­ing the op­er­a­tional pe­riod, mag­is­trate Haydn St­jern­qvist im­posed a $330 fine.

P-Plate of­fence

A P2 li­cence-holder whose green P-Plate was not fit­ted in the re­quired way, found him­self in court on Mon­day. Zachary David Hul­ley-Peachey pleaded guilty to the charge al­though he told the court the P-Plate was ac­tu­ally at­tached to the car.

Mag­is­trate Haydn St­jern­qvist said it wasn’t enough to sim­ply have the plate at­tached. He said the rules stated P-Plates must be vis­i­ble from a dis­tance of 20 me­tres at any point in a 45 de­gree arc. Hul­ley-Peachy was pulled over on the Bruce High­way at Proser­pine on April 19. He was is­sued with a ticket for the of­fence but elected to have the mat­ter dealt with in court. Po­lice prose­cu­tor Se­nior Sergeant Matt Saun­ders pro­duced a brief of ev­i­dence con­sist­ing of a state­ment and a pho­to­graph. Hul­leyPeachey was fined $176 – the amount of the ticket price. Mr St­jern­qvist made no or­ders with re­spect to court costs.

Adrenalin rush

A man who broke into four sep­a­rate premises and com­mit­ted theft on three of those oc­ca­sions, found him­self in court on Mon­day.

Ash­ley Ge­orge Jarvis al­legedly took a mo­bile phone, two UHF ra­dios and an un­known quan­tity of spir­its from a Cruise Whit­sun­days boat at Shute Har­bour on May 12.

The very next day, he broke into the Proser­pine Golf Club and stole $600 from the till.

On May 25 he gained en­try to the Whit­sun­day PCYC but no items were taken.

On May 28 his tar­get was the St John’s Catholic School in Walk­er­ston where a lap­top com­puter was re­moved.

Duty lawyer An­toinette Mor­ton said the 21-year-old com­mit­ted th­ese of­fences in com­pany but as yet noone else had been charged. She said con­se­quently Jarvis was fac­ing the full resti­tution costs of $350, $600 and $1000.

None­the­less, “he ac­cepts he’s a young man who has some is­sues with de­ci­sion-mak­ing,” she said.

Mag­is­trate Haydn St­jern­qvist told Jarvis to keep go­ing if what he wanted was an adrenalin rush.

“You come back here and I’ll sen­tence you to a pe­riod of im­pris­on­ment – that’ll give you an adrenalin rush,” he said.

Jarvis was placed on pro­ba­tion for 18 months and or­dered to pay all of the resti­tution costs. Con­vic­tions were not recorded on any count.

Very grate­ful

Duty lawyer An­toinette Mor­ton said Lorinda Kym Kemp was “very grate­ful” for po­lice in­ter­ven­tion on the day she was caught fail­ing to take rea­son­able care with sy­ringes and with a safe but de­fec­tive ve­hi­cle.

On Novem­ber 15, po­lice re­ceived re­ports about a ve­hi­cle be­ing driven er­rat­i­cally in Ju­bilee Pocket. They traced it to a Ju­bilee Pocket ad­dress and found the wind­screen had been heav­ily smashed. On ap­proach­ing the car po­lice also saw a knife, boxes of med­i­ca­tion and two sy­ringes.

Kemp, who was found at the ad­dress, said she in­tended to in­ject her­self. She had al­ready con­sumed five val­ium tablets and was taken to hos­pi­tal.

Ms Mor­ton said as a re­sult of po­lice in­ter­ven­tion, the 33-year-old had now sought help.

“It was a des­per­ate cry-out from some­one who was in great need of as­sis­tance,” she said.

Kemp re­ceived a $110 fine.

Mi­nor dam­age

Jef­frey Charles Mott pleaded guilty to wil­fully dam­ag­ing a ve­hi­cle at the O’Con­nell River Tourist Park on Novem­ber 26. Duty lawyer An­toinette Mor­ton said the dam­age was of a very mi­nor na­ture and no resti­tution was sought. The 40-year-old re­ceived a $220 fine.

Two in­ci­dents

Ben­jamin Kevin Or­real found him­self in court charged with drink-driv­ing and the un­law­ful pos­ses­sion of a weapon. The 24-year-old was in­ter­cepted for a ran­dom breath test and li­cence check on Shute Har­bour Road at 3.08am on Novem­ber 1. He ad­mit­ted con­sum­ing a quan­tity of Great North­ern beer with his first drink at 11.30pm. His BAC read­ing was .120.

Two days later on Novem­ber 3, Or­real was found with a knife in his pocket at Beaches bar on the Air­lie main street.

For the drink-driv­ing of­fence he was fined $550 and dis­qual­i­fied from driv­ing for four months. For pos­sess­ing the knife he re­ceived a $330 fine.

Dis­pro­por­tion­ate re­sponse

Zac John Pear­son told po­lice his mem­ory of the night he com­mit­ted a com­mon as­sault was “a bit blurry”. The 22-year-old con­creter was seen head butting another man at Paddy’s Shenani­gans at 1.30am on De­cem­ber 22, 2012.

Duty lawyer An­toinette Mor­ton said Pear­son thought he was be­ing spat on and re­acted with a “dis­pro­por­tion­ate re­sponse”. She said Pear­son had of­fered to pay his vic­tim $250 in com­pen­sa­tion for the headache he would have caused.

Mag­is­trate Haydn St­jern­qvist im­posed a $550 fine and ruled that $250 of this should be paid to the com­plainant to com­pen­sate for pain and suf­fer­ing.

Asleep at the wheel

Zac Michael Power was not pre- sent in court to an­swer a charge of driv­ing with­out due care, which was dealt with in his ab­sence. The court heard that Power was the driver and sole occupant of a Nis­san Navara util­ity in­volved in a sin­gle-ve­hi­cle rollover on the Bruce High­way at Lethe­brook at 5pm on Novem­ber 14. Po­lice prose­cu­tor Se­nior Sergeant Matt Saun­ders said wit­nesses re­ported that Power fell asleep at the wheel. The 23-year-old, who was taken to hos­pi­tal with mi­nor in­juries, ad­mit­ted to po­lice he felt tired. He re­ceived a $440 fine.


A French work­ing hol­i­day­maker who mis­un­der­stood a court-or­dered dis­qual­i­fi­ca­tion, will not be able to drive in Aus­tralia for the next two years and three months.

Regis Jac­ques Ruelle pleaded guilty to drink and dis­qual­i­fied driv­ing of­fences in court on Mon­day.

On July 22, Ruelle was con­victed on a drink-driv­ing charge in the Cairns Mag­is­trate’s Court and dis­qual­i­fied from driv­ing for five months.

Shortly af­ter mid­night on De­cem­ber 4, he was caught driv­ing on Shute Har­bour Road.

Ruelle was also breathal­ysed, re­turn­ing a read­ing of .081.

Duty lawyer An­toinette Mor­ton said Ruelle knew he wasn’t sup­posed to drive un­til De­cem­ber, but didn’t re­alise he had to stay off the road un­til an ex­act date.

In ad­di­tion to the dis­qual­i­fi­ca­tion pe­ri­ods, he re­ceived an $880 fine.

Stuffed up

Steven David Web­ster pleaded guilty to con­tra­ven­ing a do­mes­tic vi­o­lence or­der. The of­fence also con­tra­vened a 12-month pro­ba­tion or­der made in Jan­uary 2013.

At 10.30am on Septem­ber 14, po­lice at­tended Web­ster’s Can­non­vale ad­dress where he ad­mit­ted send­ing a num­ber of abu­sive text mes­sages to the ag­grieved that day.

Duty lawyer An­toinette Mor­ton said Web­ster ad­mit­ted he had “stuffed up” but she sub­mit­ted there were ex­cep­tional cir­cum­stances in­clud­ing abu­sive mes­sages on both sides.

Mag­is­trate Haydn St­jern­qvist said the only rea­son he chose not to or­der a pe­riod of im­pris­on­ment was that the breach was not phys­i­cal in na­ture.

For each of the breaches Web­ster re­ceived a $440 fine.


Katie Ma­ree Wil­son was fined $550 and dis­qual­i­fied from driv­ing for five months af­ter plead­ing guilty to a drink-driv­ing charge. Wil­son was di­rected to en­ter a static RBT site on Shute Har­bour Road, Can­non­vale, at 8.30pm on Novem­ber 28. The New Zealand li­cence-holder re­turned a BAC read­ing of .120 per cent.

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