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