Proserpine Magistrate’s Court
and disqualified from driving for a total period of nine months after pleading guilty to charges of unlicensed and drink-driving.
The 46-year-old shipwright was intercepted on Manooka Drive, Cannonvale, at 3.45am on February 25.
Police prosecutor Elizabeth Cassells said Horne admitted consuming alcohol that night but said he thought he would be alright to drive.
When Horne was unable to produce his licence, police conducted checks, which revealed he was currently disqualified.
Ms Cassells said this was his second drink-driving offence within a very short period of time “and the most concerning feature is that the readings are increasing”.
Duty lawyer Sherrie Meade said Horne was not proud of himself and genuinely believed he wasn’t over the limit at the time of committing the offence.
Swiss-Australian Ryan Peter Kaser was fined $880 after pleading guilty to possessing dangerous drugs and drug-related utensils.
At 6am on February 25, police executed a search warrant at Kaser’s Proserpine address finding 1g of cannabis, brass and water pipes and an electric grinder covered with cannabis residue.
The 21-year-old labourer admitted the items were his and told police he bought three grams of cannabis on the previous night.
Police prosecutor Elizabeth Cassells noted that Kaser had already been before the court on previous drug offences for which he was given the benefit of drug diversion.
Magistrate Haydn Stjernqvist warned Kaser that this was his last chance, saying he had low levels of tolerance for these types of offences, which seemed to be so prevalent in the community.
Matthew James Keam, 40, said he was embarrassed about contravening a police direction and committing a public nuisance offence.
At 12.55am on February 18, police were called to a disturbance at Magnums, Airlie Beach, where Keam had been asked to leave after displaying behaviour that included allegedly urinating in the bathroom sinks. Police gave him an official move-on direction, requiring him to leave the Airlie CBD and not return until after 6am.
At 1.20am Keam was seen sitting at McDonald’s. Police instructed him to leave but he apparently yelled and swore at them instead.
Police prosecutor Elizabeth Cassells said he was warned about his use of offensive language and eventually arrested.
Magistrate Haydn Stjernqvist said this was a common occurrence in Airlie Beach, where people got “out of shape” in licensed premises and were told to go home as a result.
“[But] everyone thinks home is McDonald’s and it’s not,” he said.
Keam received a $550 fine.
Fahron Jeffrey Kirkman pleaded guilty to obstructing a police officer in the performance of his duties.
At 1.30am on February 22, Kirkman was issued with a liquor infringement notice after being escorted from the premises at Magnums Hotel a total of four times.
Police prosecutor Elizabeth Cassells said before police had finished with him, the 19-year-old started walking away. She said he then resisted arrest and laughed at police when they attempted to gain control.
In court on Monday, Kirkman had nothing to say in his defence. He received a $330 fine.
Make or break
Paul Michael Lamborne was placed on probation for 12 months after pleading guilty to possessing dangerous drugs.
At 9.40am on February 21, Lamborne was intercepted by police while driving a red Toyota Hilux on Conway Road.
Police noticed scissors, a metal spoon and saline eye solution sitting in the centre console of the car and conducted a further search as a result, finding 2.9g of green leafy material determined to be cannabis, in the first aid kit.
Police prosecutor Elizabeth Cassells noted the last three entries on Lamborne’s criminal history were all drug-related offences.
Duty lawyer Sherrie Meade said the 47-year-old admitted using cannabis to help him sleep at night due to the isolation and prevalence of mosquitos where he lived.
“Well, I’ve heard a lot of excuses Mr Lamborne, about why people use cannabis, [but] not before ever, have I heard of it being used in lieu of a mosquito coil,” magistrate Haydn Stjernqvist said.
Mr Syjernqvist said Lamborne’s probation order would be “make or break” due to a condition requiring him to submit to drug testing.
“Cannabis won’t stop mosquitos from biting,” he said.
“[And] if you’ve got an underlying condition, such as depression, THC will do it no end of bad – in fact it will exacerbate it.”
A fraud charge from 2005 finally caught up with Colin Andrew Lyons, who pleaded guilty to the offence on Monday.
Police prosecutor Elizabeth Cassells said on April 10, 2004, a burglary was committed in the Ipswich/Brisbane area and on September 6, 2005, a mobile phone, matching the description of one stolen in the incident, was identified at a Cash Converters store.
Ms Cassells said Lyons received $30 for the phone and had signed documentation stating it was his to sell.
On February 14, 2014, Lyons handed himself in at the Proserpine Police Station after learning that he was a suspect in the burglary case. The 47year-old told police he was not involved in the burglary but had been living with a large number of people at the time, any of whom could have owned the phone.
“If I had known the phone was stolen I wouldn’t have cashed it in,” he told the court.
“Mr Lyons, what you did know was that it wasn’t yours to sell,” magistrate Haydn Stjernqvist replied.
Lyons was fined $440 and ordered to pay $30 in restitution costs.
Cameron Thomas Machar pleaded guilty to contravening a police direction.
At 11pm on February 21, Machar came to the attention of police for exhibiting what police prosecutor Elizabeth Cassells referred to as “drunken behaviour” outside Magnums Hotel in Airlie Beach. He was issued with a formal move-on direction, requiring him to leave the Airlie CBD until 6am
At 11.30pm he approached police outside Airlie’s McDonald’s restaurant, asking them to help him retrieve a thong he had lost in Magnums earlier that night. Ms Cassells said police told him to go home and chase the matter up the next day.
Machar walked away in the direction of Magnums and a short time later police were advised he had been refused entry yet again. He was found outside the BWS bottle shop and arrested.
The 39-year-old received a $330 fine.
A bit of a rage
Aiden James Quick admitted to being in “a bit of a rage” when he was found with a knife in a public place.
At 12am on February 17, police were patrolling Shute Harbour Road at Cannonvale when they noticed Quick walking alone. Police prosecutor Elizabeth Cassells said Quick appeared agitated and was found to have a wooden-handled kitchen knife with a six-inch blade, tucked inside the waistband of his shorts.
The 21-year-old Cannonvale resident told police he had just argued with his brother when he found the knife. He said he was in “a bit of a rage”, saw the knife and took it, not really knowing what he was doing. He received a $330 fine.
Steven Paul Roberts pleaded guilty in writing to charges of driving a vehicle that was unregistered, uninsured and not displaying L Plates. Roberts also admitted failing to comply with the requirements of his Learner’s permit.
At 8.20pm on February 19, the 30year-old Cannonvale resident was driving a red Holden Commodore on Dobbins Lane, Proserpine, when he was intercepted by police for a random breath test. Checks revealed his car’s registration had been auto-cancelled in December 2013 and it was also therefore uninsured.
Roberts produced a Learner’s licence but police noted there were no L Plates attached to the car and his female passenger did not hold a licence. He received an $880 fine.
Magistrate Haydn Stjernqvist told Jakob Simons the onus was on him to ensure he was complying with the rules of the road.
At 4.45pm on February 19, Simons was caught driving an unregistered yellow Ford Falcon on Shute Harbour Road, at Jubilee Pocket.
The 21-year-old local resident said he had given the registration money to a friend and believed it had been paid.
Further checks revealed he was the holder of a P2 licence but there were no P Plates attached to the car.
He initially told police they fell off that day, but CCTV footage collected from a service station on February 11, confirmed the plates had not been attached for some time.
Simons received a $660 fine and convictions were recorded on all counts.
A man who is required to report to police for 15 years appeared in court on Monday charged with failing to comply with his reporting obligations.
On February 20, detectives conducted a check at David Peter Smith’s address where he finally told them about a job he had been working at since 2013. The 27-yearold received a $440 fine.
Defence solicitor John Ryan said Lenard John Standen initially thought his arrest must be a joke.
At 12.05am on November 12, police were patrolling the main street of Airlie Beach, when they noticed Standen on the footpath outside KC’s holding an opened beer. Police prosecutor Elizabeth Cassells said Standen was advised to go back inside with his drink but instead he walked to a nearby garden bed where he tipped most of it out.
Ms Cassells said Standen then made his way towards McDonald’s where he resisted arrest.
Mr Ryan said Standen was still technically on licensed premises when police first saw him with the beer.
He said Standen, a professional musician, who was in Airlie Beach for last year’s music festival, believed one of the officers had asked to see the empty beer. Consequently, he tipped it out and took it over to the police car, where it unfortunately fell on the officer.
“And that’s what started the ruckus,” Mr Ryan said.
Mr Ryan said Standen could not understand why he was being arrested and believed the whole thing was an “over-reaction”.
Magistrate Haydn Stjernqvist conceded this was “something out of character” and he imposed a $110 fine.
Magistrate Haydn Stjernqvist told Kelvin John Tipping that using cannabis to alleviate back pain was a “self-medicating excuse”.
At 7.40am on February 25, police executed a search warrant at a Proserpine address where Tipping had just driven into the driveway.
During their search, police found 3.5g of green leafy material, two metal pipes with cone pieces and a metal grinder. Tipping admitted ownership of all these items and duty lawyer Sherrie Meade said he had resorted to using cannabis to manage chronic and ongoing back pain.
Mr Stjernqvist said this was an excuse he heard virtually every Monday, when the court’s callover list appeared to be “saturated” with these types of offences.
The 31-year-old was fined $770 and convictions were recorded despite Ms Meade’s submissions to the contrary.
“When you get to court and you worry about a conviction being recorded against you, it’s too late,” Mr Stjernqvist said.
Joshua Cooper Watts pleaded guilty to possessing dangerous drugs and drug-related utensils.
At 10.30pm on February 15, police were called to a disturbance at a Midge Point address where Watts met them at the door. On entering the residence they noticed a ceramic bowl containing cannabis and a plastic water pipe in clear view. The 27year-old admitted the items belonged to him. In court on Monday, he had nothing to say in his defence. He received a $770 fine.
True and correct
Mark Brian Wilson was fined $990 after pleading guilty to possessing drugs, drug-related utensils and items used in the commission of crime.
At 7.15am on February 25, police executed a search warrant at Proserpine address where Wilson and a number of other occupants were present.
During their search, police found 15.9g of green leafy material determined to be cannabis, plus a steel grinder, electric scales, two steel pipes and a glass light bulb, apparently used to smoke ice. All of these items were found in a bag belonging to Wilson, with a further 8.2g of cannabis found in his bedroom.
In court on Monday, the 22-yearold tiler admitted this was “all true and correct”.