Proser­pine Mag­is­trate’s Court

Whitsunday Times - - CYCLONE DYLAN - THE AFTERMATH -

Chang­ing spots

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.

No ex­cuse

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.

Fire crack­ers

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.

Old ways

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.

Badly be­haved

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.

Cur­few breached

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.

Ag­gra­vated penalty

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.

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