Proserpine Magistrate’s Court
Adrian Payton John Boughton was fined $550 and ordered to pay $1844.70 in restitution after pleading guilty to charges of wilful damage and common assault.
At 4pm on December 24, Boughton became involved in an argument with a 31-year-old woman at a unit on Shute Harbour Road, Cannonvale.
The court heard that when Boughton was asked to leave he pushed past the woman, who contacted police.
A passing motorist then saw Boughton kicking the driver’s side door of the woman’s white Kia hatchback, causing a dent below the window. He also allegedly kicked the passenger side door, which sustained similar damage.
Duty lawyer Antoinette Morton said Boughton admitted damaging the car and pushing past the woman, but she submitted this was the lowest level of common assault. Magistrate Haydn Stjernqvist said the 39-year-old treelopper had a history of “similarly bad behaviour” in southern states.
“You can change your geography but you are the one that has to change your spots,” he said.
Magistrate Haydn Stjernqvist told David Bentham Cardwell that alcohol was “no excuse” for the behaviour that led to charges of public nuisance and obstructing police.
At 10am on December 12, police were called to a Proserpine address where an informant told them Cardwell had made threatening remarks. A handwritten letter from Cardwell to the informant was given to police as evidence of his behaviour.
Police prosecutor Elizabeth Cassells said police went looking for Cardwell who was found at 11.10am in a car park on the same street.
The 54-year-old allegedly “vigorously resisted” arrest.
Defence solicitor Sherrie Meade said Cardwell, who was very intoxicated at the time, was confused and upset and didn’t know why he was being arrested.
Ms Meade said all of these events were directly related to Cardwell’s use of alcohol, which he was now attempting to address.
“I don’t know how many times I’ve got to keep saying alcohol’s no excuse,” Mr Stjernvist replied. Cardwell was fined $600. Mr Stjernqvist noted the offences were committed while he was also on probation, breaching an 18-month good behaviour bond, running alongside the probation period in accordance with the Crimes Act.
A representative from the department of corrective services said the breach would be dealt with internally, therefore in this instance Mr Stjernqvist only imposed a $220 fine.
Out of character
Lucinda Chambers pleaded guilty in writing to contravening a police direction.
On January 18, the 20-year-old UK national was removed from Boom Nightclub by security staff, who told police she had already been evicted once and managed to re-gain entry.
Chambers was issued with an official move-on direction, requiring her to leave the CBD of Airlie Beach, but she did not comply.
In her letter to the court, Chambers apologised for her behaviour saying it was totally out of character.
She received a $220 fine.
Richard Gordon Croser and Jason Ian Davies were fined $220 after pleading guilty to the unauthorised possession of prohibited explosives.
At 8.40pm on January 11, police attended a unit in Eshelby Drive, Cannonvale, after receiving reports that fire crackers had been set off.
Croser and Davies were found with a total of 25 fire crackers, which were seized by police.
Croser, 46, allegedly told police he and his housemate were just having a bit of fun.
Trevor Hamilton was brought to court in police custody. The 35-year-old promised Magistrate Haydn Stjernqvist he was not falling back into old ways despite pleading guilty to charges of producing dangerous drugs, possessing drug-related utensils and contravening a police requirement.
On December 16, police attended Hamilton’s Jubilee Pocket address after receiving a noise complaint.
While there, they noticed a homemade water pipe and two small cannabis plants growing in pots on the balcony.
Hamilton was given a notice to attend the police station within seven days but he failed to turn up.
Mr Stjernqvist noted that the fatherof-two had substantial history in Victoria. “Falling back into old ways Mr Ha- milton?” he asked. Hamilton said he had moved to Airlie Beach to get away from this.
“Changing your geography matters zero. You’ve got to change yourself,” Mr Stjernqvist replied.
Hamilton received an $880 fine.
Antony Erin Tutewharerimu Jamieson pleaded guilty to charges of public nuisance and obstructing police.
At 11.30pm on January 13, police were waved down by security staff at Magnums, Airlie Beach, where Jamieson had been evicted and was refusing to move on.
The 22-year-old was staying at the hotel and police offered to escort him to his room.
He initially declined and began walking away, but the court heard he turned back and started swearing at police.
Police prosecutor Elizabeth Cassells said his behaviour and language were witnessed by a large number of people and he was subsequently arrested.
Once at the watch house, Jamieson removed his shirt and attempted to choke himself with it. When police tried to grab the shirt he resisted and OC spray was eventually deployed.
Duty lawyer Antoinette Morton said Jamieson accepted his behaviour towards police was unacceptable.
He received a $770 fine.
Daniell Clarence Lee was fined $220 after pleading guilty to breaching a condition of his bail.
On the evening of January 21, police were conducting patrols of Proserpine when they noticed Lee in the park at Keith Johns Drive. The young man, who ran away from them, had signed a bail undertaking on January 13, agreeing to stay home between the hours of 7pm and 6am, unless in the company of his father and stepmother or by prior written consent.
When police caught up with Lee he told them he had broken up with his girlfriend and went to the park to drink.
Magistrate Haydn Stjernqvist said this was no way to deal with his personal problems.
Fined and disqualified
Cherise Nasuaiu Poid pleaded guilty to driving without a licence while also over the general alcohol limit.
At 12.45am on November 10, Poid was pulled over for a random breath test while driving a white Toyota Hilux on Strathdickie Road, Proserpine.
The 34-year-old returned a BAC reading of 0.094 per cent and checks revealed she was also unlicensed. Police prosecutor Elizabeth Cassells said Poid was previously charged with unlicensed driving in 2010.
Duty lawyer Antoinette Morton said Poid had never intended to drive that night, but received a phone call saying her son was in trouble in Airlie Beach.
She was fined $550 and disqualified from driving for a total period of six months.
Poor traffic history
Magistrate Haydn Stjernqvist said Sean Jeffrey Robertson had a poor traffic history for someone so young.
The 22-year-old was in court charged with drink-driving outside of the curfew limits of his licence.
Robertson was intercepted while driving a black Holden Commodore on Shute Harbour Road, Cannonvale, at 11.51pm on January 10, after police received reports of a suspected drinkdriver.
In addition to blowing 0.156, a licence check revealed he was subject to a curfew between the hours of 11pm and 5am.
Robertson told police he believed his drinks had been spiked because other than a couple of alcoholic ones he had drunk only Red Bull that night.
He was fined $900 and disqualified from driving for nine months.
A previous drink-driving charge from 2012 influenced the penalty imposed on Darryn Lee Webb, who appeared in court on Monday charged with a repeat of the offence.
At 7pm on January 16, Webb was driving a white Toyoyta utility on Shute Harbour Road, Cannonvale, when he was seen committing a traffic offence.
The 44-year-old was issued with an infringement notice and breathalysed.
Police prosecutor Elizabeth Cassells said while on route to the police station Webb was seen eating his infringement notice.
She claimed he told police he wanted something in his stomach before he provided his official breath specimen, which came out at 0.058 per cent.
In court on Monday Webb disputed this, saying he did not eat the notice but was merely picking at it with his teeth.
He was fined $440 and disqualified from driving for three months.