Proser­pine Mag­is­trate’s Court

Whitsunday Times - - LOCAL NEWS -



Moved on

“You can get your­self hurt do­ing things like this,” he said.

Bates, Heron and Mer­field were all placed on a $300 good be­hav­iour bond for six months.

Ray­mond Lawrence Dorsett pleaded guilty to a drink-driv­ing of­fence. The 61-year-old lo­cal res­i­dent blew 0.099 af­ter he was pulled over at a static RBT site on Shute Har­bour Road, Can­non­vale, at 8am on Jan­uary 19. Po­lice pros­e­cu­tor El­iz­a­beth Cas­sells said Dorsett, who was rid­ing a red Yamaha mo­tor­cy­cle at the time, told po­lice he’d con­sumed prob­a­bly half a dozen short glasses of rum from 2-8pm on the pre­vi­ous day.

In court on Mon­day he had noth­ing to say in his de­fence.

He was fined $440 and dis­qual­i­fied from driv­ing for four months.

Judy Ann El­liott was not present in court to an­swer charges of driv­ing a ve­hi­cle that was un­reg­is­tered and unin­sured, which were dealt with in her ab­sence.

The 57-year-old Walk­er­ston res­i­dent was in­ter­cepted while driv­ing a blue Ford on Shute Har­bour Road, Can­non­vale, at 2.25pm on Jan­uary 26. Po­lice checks re­vealed the ve­hi­cle’s regis­tra­tion had ex­pired on De­cem­ber 21 and it was also unin­sured.

El­liott re­ceived a $550 fine.

Bad traf­fic record

Kane Robert Hig­gins ad­mit­ted hav­ing “a pretty bad traf­fic record” when he ap­peared in court on Mon­day, charged with driv­ing while over the gen­eral al­co­hol limit and dis­obey­ing the speed limit.

At 10.20am on Jan­uary 27, Hig­gins was seen driv­ing at 118kms per hour in a 100km zone on the Bruce High­way at Blooms­bury. The 20-year-old Can­non Val­ley res­i­dent blew 0.056 and ad­mit­ted drink­ing a quan­tity of beer at a party in Bu­ca­sia on the pre­vi­ous day, with his last drink at about 10pm.

Mag­is­trate Haydn St­jern­qvist said when Hig­gins stopped drink­ing on Aus­tralia Day, his BAC read­ing would have been about 0.296 per cent. “I didn’t count my beers – it was Aus­tralia Day – I’d had a fair few,” Hig­gins replied.

Hig­gins also pro­duced a let­ter from his doc­tor, stat­ing that me­di­a­tion he was tak­ing might have caused the al­co­hol to stay in his sys­tem for an in­creased time.

Mr St­jern­qvist took this into ac­count but said it was “cer­tainly no de­fence”.

For the speed­ing of­fence Hig­gins was fined $220. For the drink-driv­ing of­fence he was fined $330 and dis­qual­i­fied from driv­ing for three months.

A charge of con­tra­ven­ing a po­lice di­rec­tion against Clin­ton Ken­neth Hitch, was dealt with in his ab­sence.

At 9.15pm on Jan­uary 26, Hitch was is­sued with an of­fi­cial move-on di­rec­tion, re­quir­ing him to leave the Airle Beach main street un­til 6am. At 9.45pm po­lice heard a noise and found the 22-year-old New South Wales res­i­dent stand­ing over a smashed bot­tle in the en­trance to Air­lie’s Happy High Herbs store. Hitch re­ceived a $550 fine.

In­stant re­ac­tion

A Cana­dian artist pleaded guilty to charges of fail­ing to leave a li­censed premises and as­sault oc­ca­sion­ing bod­ily harm.

At 10.50pm on Jan­uary 25, Kyle Joseph Jew­ers was told to leave Mag­nums Ho­tel, Air­lie Beach, af­ter al­legedly swing­ing his bar stool around.

Po­lice pros­e­cu­tor El­iz­a­beth Cas­sells said when the 29-year-old re­fused to leave he was es­corted from the premises by four se­cu­rity guards. The court heard that Jew­ers was seen throw­ing a punch at one of the se­cu­rity guards lead­ing po­lice to in­ter­vene. The punch al­legedly caused bruis­ing to the se­cu­rity guard’s right eye.

In court on Mon­day, Jew­ers said he had sim­ply stood on the stool to at­tract the at­ten­tion of friends and he claimed the se­cu­rity guards were heavy handed and had made an ex­am­ple of him prior to Aus­tralia Day.

Duty lawyer Sher­rie Meade said Jew­ers was re­gret­ful for his ac­tions but the punch was more of an “in­stant re­ac­tion”.

Mag­is­trate Haydn St­jern­qvist said he un­der­stood that on some oc­ca­sions some bounc­ers were “more ex­u­ber­ant than they per­haps ought to be” but he also told Jew­ers “their level of tol­er­ance is so low be­cause they just see so much”.

Jew­ers re­ceived a $770 fine but con­vic­tions were not recorded against him on ei­ther count.

Triple Zero

A learner driver who blew 0.035 found him­self in court on Mon­day, charged with drink-driv­ing, while his li­cence was also demerit-pointsus­pended.

Jordan James Koenig was in­ter­cepted for a ran­dom breath test and li­cence check at 4.14am on Jan­uary 19. The 18-year-old Can­non­vale res­i­dent ad­mit­ted drink­ing two schooners of beer and six to eight vodka Red Bull’s from 4-11pm.

He was fined $440 and dis­qual­i­fied from driv­ing for a to­tal pe­riod of nine months.

Re­ally big night

Dy­lan Ray­mond John Main told the court he’d had “a re­ally big night” the day be­fore re­turn­ing a breath al­co­hol read­ing of 0.047 per cent.

The 18-year-old Bu­ca­sia res­i­dent was caught driv­ing a green Ford Fal­con on the Bruce High­way at Blooms­bury at 3.37pm on Jan­uary 19.

He also pro­duced a Pro­vi­sional P2 li­cence, which car­ries a zero al­co­hol limit. He was fined $330 and dis­qual­i­fied from driv­ing for three months.


Ken­neth Wil­liam Martin has been banned from en­ter­ing any li­censed premises in the Air­lie Beach precinct for a pe­riod of one year.

The ban­ning or­der was made in court on Mon­day af­ter Martin pleaded guilty to com­mit­ting a pub­lic nui­sance of­fence.

The court heard that on Jan­uary 21 at 11.40pm, po­lice were called to Paddy’s Shenani­gans to as­sist with an un­ruly pa­tron who had al­ready been evicted from Beaches.

When they ar­rived at 11.45pm, po­lice saw Martin be­ing phys­i­cally re­strained by se­cu­rity staff in the laneway be­side Paddy’s. They were told the 39-year-old Pre­ston res­i­dent had been act­ing vi­o­lently and grabbed a mem­ber of the pub­lic whom he was about to punch when se­cu­rity guards in­ter­vened.

Po­lice pros­e­cu­tor El­iz­a­beth Cas­sells said Martin had pre­vi­ous his­tory of com­mit­ting pub­lic nui­sance and drunk and dis­or­derly of­fences and she sug­gested the ban­ning or­der be put in place.

Martin also re­ceived a $550 fine.

Re­fus­ing to leave

Corey Richard Mul­hol­land pleaded guilty to con­tra­ven­ing a po­lice di­rec­tion. At 7.20pm on Jan­uary 13, po­lice were called to a dis­tur­bance at a Can­non­vale ad­dress where the 41year-old boat de­tailer was present.

Mul­hol­land was is­sued with a di­rec­tion re­quir­ing him to leave the premises but he failed to com­ply and was ar­rested.

He re­ceived a $330 fine.

Er­ror of judge­ment

An er­ror of judge­ment was listed as one of the mit­i­gat­ing fac­tors in a drink-driv­ing charge against Ron­ald Roger Henri Per­rot.

The 52-year-old Rior­don­vale res­i­dent blew 0.060 at a static RBT site on Main Street, Proser­pine, at 11.33am on De­cem­ber 9.

Per­rot’s so­lic­i­tor said he had con­sumed wine on the pre­vi­ous day, which was also the an­niver­sary of his mother’s pass­ing.

He was fined $330 and dis­qual­i­fied from driv­ing for one month.

Sus­pended sen­tence

Jay Wil­liam Rush was sen­tenced to three months im­pris­on­ment, wholly and im­me­di­ately sus­pended for nine months, af­ter plead­ing guilty to two counts of con­tra­ven­ing a do­mes­tic vi­o­lence or­der.

The 25-year-old was the re­spon­dent in a Do­mes­tic Vi­o­lence Or­der (DVO) made in the Mackay Court on Novem­ber 7, 2012.

The court heard that shortly af­ter mid­night on Christ­mas Day, an ar­gu­ment be­tween Rush and the com­plainant es­ca­lated at their Proser­pine ad­dress.

Po­lice pros­e­cu­tor El­iz­a­beth Cas­sells said a fur­ther sit­u­a­tion arose on Jan­uary 9, with al­co­hol a fac­tor in both counts. In court on Mon­day, Rush said he had been pro­voked.

“Provo­ca­tion is no de­fence for a breach of a Do­mes­tic Vi­o­lence Or­der,” mag­is­trate Haydn St­jern­qvist replied.

For the of­fence of De­cem­ber 25, Rush re­ceived a $550 fine. The sus­pended sen­tence was im­posed for the breach of Jan­uary 9, which Mr St­jern­qvist de­scribed as se­ri­ous and the third in a very short time.


An ar­gu­ment over em­ploy­ment led to a charge of as­sault oc­ca­sion­ing bod­ily harm against Ben­jamin Michael Tay­lor.

The court heard that Tay­lor, a ma­jor­ity share­holder in Can­non­vale’s ASAP Print­ing, had spon­sored a for­eign na­tional af­ter ad­ver­tis­ing for a spe­cial­ist sign-writer for about six months.

Po­lice pros­e­cu­tor El­iz­a­beth Cas­sells said on De­cem­ber 8, Tay­lor found the em­ployee work­ing at an al­ter­nate busi­ness and ques­tioned him about his em­ploy­ment.

Ac­cord­ing to Ms Cas­sells an ar­gu­ment en­sued, dur­ing which Tay­lor struck the other man, caus­ing bruis­ing, scratch­ing, a headache, pain and a lump to the vic­tim’s head.

Tay­lor then went to the po­lice sta­tion and re­ported the in­ci­dent him­self.

Duty lawyer Sher­rie Meade said Tay­lor had been un­der an enor­mous amount of stress since a fire dam­aged the busi­ness premises at ASAP and ru­mours about how it oc­curred had spread.

She said he was re­morse­ful for his ac­tions and went to po­lice of his own ac­cord. “It was a mo­ment, which I’m sure if he could, he’d change right this minute,” she said.

Mag­is­trate Haydn St­jern­qvist said this was a se­ri­ous of­fence but he took the back­ground into ac­count.

Tay­lor was fined $770 and or­dered to pay $64 in resti­tu­tion costs.

Dif­fi­cult time

Gena Dee Vera was fined $550 af­ter plead­ing guilty to two counts of con­tra­ven­ing a do­mes­tic vi­o­lence or­der (DVO).

Po­lice pros­e­cu­tor El­iz­a­beth Cas­sells said the 39-year-old was the re­spon­dent in a DVO made in the Proser­pine Mag­is­trate’s Court on Novem­ber 22.

Ac­cord­ing to Ms Cas­sells the first breach oc­curred on De­cem­ber 29 when a ver­bal ar­gu­ment turned phys­i­cal, even­tu­ally lead­ing to Vera’s ar­rest.

The se­cond breach hap­pened on Jan­uary 3. Again ac­cord­ing to Ms Cas­sell’s de­scrip­tion, both breaches in­volved al­co­hol and vi­o­lence.

Duty lawyer Sher­rie Meade said Vera had been go­ing through a dif­fi­cult time with a volatile re­la­tion­ship but had oth­er­wise never been in trou­ble be­fore.

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