Proser­pine Mag­is­trate’s Court

Whitsunday Times - - LOCAL NEWS -

Last chance

Head­ing home

Re­sist­ing ar­rest

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.

Drunken be­hav­iour

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.

Driver’s li­a­bil­ity

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.

Reporting obli­ga­tions

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.

No joke

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.

Self-med­i­cat­ing ex­cuse

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.

Drugs found

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”.

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