Proserpine Magistrate’s Court
“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.
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.
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.
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.
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.