Proser­pine Mag­is­trate’s Court

Whitsunday Times - - LOCAL NEWS -

Trou­ble loom­ing

Pos­i­tive test

Silly de­ci­sion

Coutts was found out­side Mag­nums and ar­rested.

Mag­is­trate Haydn St­jern­qvist de­scribed this as “de­plorable be­hav­iour” and im­posed a $550 fine.

Jordan Solomon Daniel was brought to court in po­lice cus­tody, charged with pos­sess­ing dan­ger­ous drugs, en­ter­ing a premises and com­mit­ting an in­dictable of­fence, con­tra­ven­ing a po­lice di­rec­tion and breach­ing his bail. Some time be­tween Oc­to­ber 3 and 5, 2012, Daniel al­legedly broke into a Mackay res­i­dence, where the in­hab­i­tants were in the process of mov­ing in. When the new res­i­dents re­turned, they found a bro­ken win­dow lou­vre, which ap­peared to have been smashed with a brick ly­ing nearby. In­side the property they found opened suit­cases with cloth­ing pulled out.

A foren­sic exam was con­ducted and fin­ger­prints be­long­ing to Daniel were found. When po­lice caught up with the 18-year-old on De­cem­ber 8, 2013, he de­nied all knowl­edge or in­volve­ment in the in­ci­dent. He was is­sued with a no­tice to at­tend the po­lice sta­tion within seven days to have his iden­ti­fi­ca­tion par­tic­u­lars taken, which he failed to do. At 1.05am on March 16, po­lice found Daniel sit­ting on a bench at the en­trance to the Air­lie Beach la­goon. Checks re­vealed he was wanted on a war­rant for the fail­ure to ap­pear in court on Fe­bru­ary 17. He was ar­rested and held in cus­tody un­til Mon­day’s court date.

While at the watch house, po­lice found 0.6g of a green leafy ma­te­rial de­ter­mined to be cannabis in­side Daniel’s wal­let. He al­legedly told po­lice he had no knowl­edge of it be­ing there.

Mag­is­trate Haydn St­jern­qvist said he saw “trou­ble loom­ing” for the young man. For the fail­ure to ap­pear in court Daniel was con­victed and not fur­ther pun­ished, hav­ing al­ready spent a day in cus­tody. For the con­tra­vene of­fence he was fined $220 and for en­ter­ing the premises he was fined $660 and or­dered to pay $60 in resti­tu­tion costs. For pos­sess­ing drugs, he was placed on a four­month, $440 good be­hav­iour bond, con­di­tional upon at­tend­ing a drug­di­ver­sion ses­sion on March 31.

James Richard Eyles was fined $330 and disqual­i­fied from driv­ing for two months af­ter plead­ing guilty to a drug-driv­ing of­fence.

The 34-year-old Cannonvale res­i­dent was driv­ing a Honda mo­tor­cy­cle on Main Street, Proser­pine, on De­cem­ber 7, when he was in­ter­cepted for a test, which proved pos­i­tive for Tetrahy­dro­cannabi­nol (THC).

What mag­is­trate Haydn St­jern­qvist de­scribed as a “silly de­ci­sion” to steal a road sign, landed 18-year-old Joshua Filby in court. At 9.45pm on Jan­uary 31, Filby was driv­ing a white Ford sta­tion wagon on the Air­lie Es­planade when he was stopped for an RBT.

Through the back win­dow of the car, po­lice no­ticed a large yel­low street sign say­ing ‘left lane ends’.

Duty lawyer An­toinette Mor­ton said Filby and his friends found the sign af­ter Cy­clone Dy­lan hit the coast, when the area was lit­tered with de­bris. She said they picked it up and were in­tend­ing to take it to the tip. Filby re­ceived a $220 fine.

Li­cence con­di­tions

Emma Louise Gil­lam pleaded guilty to driv­ing an un­reg­is­tered ve­hi­cle and fail­ing to com­ply with the con­di­tions of her work li­cence.

The 25-year-old Ju­bilee Pocket res­i­dent was is­sued with a work li­cence in the Proser­pine Mag­is­trate’s Court on Au­gust 12.

She was al­lowed to drive only for pur­poses di­rectly con­nected with her work as a pain­ter and dec­o­ra­tor, from the hours of 5.45am-6.30pm from Mon­day to Fri­day and 5.45am-5.15pm on Satur­days and Sun­days. At 9.15pm on Satur­day, Fe­bru­ary 22, Gil­lam was caught driv­ing a white Toy­ota util­ity on Shute Har­bour Road.

She told po­lice she had just fin­ished spray-paint­ing the in­te­rior of a house. When asked to pro­duce her log book, she said it was in her part­ner’s ute. Fur­ther check’s re­vealed the Toy­ota’s reg­is­tra­tion ex­pired on Jan­uary 29.

Gil­lam was fined $440 and disqual­i­fied from driv­ing un­til Novem­ber 12.

Big read­ing

Richard Les­lie Hock­ings said he was remorseful for driv­ing while un­der the in­flu­ence of al­co­hol. At 1.30am on Fe­bru­ary 27, po­lice were driv­ing on Ju­bilee Pocket Road when they no­ticed a blue hatch­back swerv­ing around on the op­po­site side of the road. Po­lice pros­e­cu­tor El­iz­a­beth Cas­sells said at one point the hatch­back swerved onto the wrong side of the road, head­ing di­rectly to­wards po­lice.

The driver, Hock­ings, ad­mit­ted drink­ing about five pints of beer from 7pm-1am and said he knew he was over the limit. His BAC read­ing was 0.165 per cent.

Mag­is­trate Haydn St­jern­qvist told the 26-year-old UK na­tional that this was a “big read­ing” and both the fine and dis­qual­i­fi­ca­tion pe­riod would re­flect that. Hock­ings was fined $990 and disqual­i­fied from driv­ing for nine months.

Sleep­ing in

Nikolai Kim Hod­son was ini­tially not present in court to an­swer a charge of pos­sess­ing a drug-re­lated uten­sil, which was dealt with in his ab­sence. The court heard that on Fe­bru­ary 26 at 8.30pm, po­lice came across Hod­son stand­ing be­side a gold sedan on Loop Road, Ju­bilee Pocket. While con­duct­ing a pat­down search, they found a long, thin glass pipe hid­den un­der his clothes. The 22-year-old Ju­bilee Pocket res­i­dent re­ceived a $440 fine and a con­vic­tion was recorded for the of­fence.

At 12.30pm he showed up at court say­ing he over­slept. Mag­is­trate Haydn St­jern­qvist re-men­tioned the mat­ter re­sult­ing in no con­vic­tion be­ing recorded al­though the fine re­mained the same.

Bizarre be­hav­iour

A woman who lay in the mid­dle of Shute Har­bour Road, caus­ing cars to swerve and fright­en­ing driv­ers, found her­self in court on Mon­day.

Ni­cole Bron­wyn Kaye pleaded guilty to com­mit­ting a pub­lic nui­sance of­fence and ob­struct­ing and as­sault­ing po­lice.

At 7.10pm on Fe­bru­ary 18, po­lice headed to Ju­bilee Pocket af­ter re­ceiv­ing mul­ti­ple calls from mem­bers of the pub­lic about a woman who was walk­ing in and out of the traf­fic. Po­lice found Kaye ly­ing on the side of the road be­tween Plan­ta­tion Drive and Ju­bilee Pocket Road, com­plain­ing of a dis­lo­cated shoul­der.

Po­lice pros­e­cu­tor El­iz­a­beth Cas­sells said the 36-year-old was highly in­tox­i­cated and abu­sive to­wards the crowd of about six people who had gath­ered to help her, as well as the paramedics, from whom she de­manded a lift home.

Kaye was taken to hospi­tal where it was de­ter­mined she had no in­juries. Ms Cas­sells said she con­tin­ued to abuse paramedics and de­mand a lift home. She was con­se­quently taken to the Whit­sun­day Po­lice Sta­tion where she threw her shoes at po­lice be­fore run­ning onto Shute Har­bour Road.

The court heard that Kaye lay in the mid­dle of the road, caus­ing ve­hi­cles to swerve. She ran be­tween cars and slammed her hands on the bon­net of one par­tic­u­lar ve­hi­cle, fright­en­ing the driver, who tried to re­verse away.

Ms Cas­sells said when po­lice caught up with Kaye on Jones Road, she tried to get into their car, again de­mand­ing to be dropped home. She was sub­se­quently ar­rested and charged. Mag­is­trate Haydn St­jern­qvist said this was “ex­tremely bizarre be­hav­iour”.

“[You’re] lucky you didn’t get run over,” he said.

Kaye was fined $880 and con­vic­tions were recorded on all counts.

Sim­mer­ing ten­sions

Thomas Oliver Lynd, 21 and Eruera Wiremu Tau, 25, both pleaded guilty to com­mit­ting a pub­lic nui­sance of­fence, with their charges re­lat­ing to the same cir­cum­stances.

At 2.20am on Fe­bru­ary 22, po­lice were told about a fight that was brew­ing out­side the pie shop on the Air­lie main street. Ar­riv­ing at the scene, they found two groups of men “fac­ing off” against each other. Ac­cord­ing to po­lice pros­e­cu­tor El­iz­a­beth Cas­sells, Tau punched an­other man caus­ing him to fall down and Lynd threw a punch at Tau, while he was in po­lice cus­tody, nar­rowly miss­ing one of the ar­rest­ing of­fi­cers.

Both men re­ceived a $330 fine.

Drug di­verted

Casey Dawn Marie McAvoy pleaded guilty to pos­sess­ing a drug-re­lated uten­sil. The 22-year-old was found with a wa­ter pipe when po­lice ex­e­cuted a search war­rant at her Proser­pine ad­dress on March 2 at 8.35am. She was placed on a $400, four-month good be­hav­iour bond, with a con­di­tion about at­tend­ing a drug di­ver­sion ses­sion at­tached.

Over the limit

Kenneth Ray­mond Miller was fined $550 and disqual­i­fied from driv­ing for four months af­ter plead­ing guilty to a drink-driv­ing of­fence.

At 4.28pm on Fe­bru­ary 27, Miller was driv­ing a white Nis­san on Shute Har­bour Road, Cannonvale, when he was di­rected to en­ter a static RBT site. He ad­mit­ted drink­ing one XXXX stubby, one light beer stubby and one cider stubby from 10am-2pm, but said he didn’t think this amount of al­co­hol would have put him over the limit. His BAC read­ing was 0.071 per cent.

Po­lice pros­e­cu­tor El­iz­a­beth Cas­sells noted this was Miller’s third drink-driv­ing of­fence, with one in the last five years.

Medic­i­nal use

Duty lawyer An­toinette Mor­ton told the court she had “frank dis­cus­sions” with Ryan Mark Place about tak­ing cannabis for medic­i­nal use.

Place was brought to court in po­lice cus­tody, charged with pos­sess­ing dan­ger­ous drugs and drug-re­lated uten­sils.

At 9pm on Jan­uary 13, po­lice at­tended Place’s north Mackay ad­dress, where a pur­ple glass bong, cof­fee grinder con­tain­ing cannabis residue and 0.21g of cannabis was found. While Ms Mor­ton de­scribed the 24-year-old as co-op­er­a­tive with po­lice at the time, he was fairly vo­cal in the dock at court, caus­ing mag­is­trate Haydn St­jern­qvist to tell him to “shut up”.

Ms Mor­ton said he ac­cepted he had some is­sues with anger man­age­ment and had been us­ing cannabis as pain re­lief for a se­vere back in­jury suf­fered some time ago. Place re­ceived a $550 fine.

Op­por­tunis­tic of­fence

Joanne Reeves pleaded guilty to charges of steal­ing and con­tra­ven­ing a po­lice re­quire­ment.

At 2.15am on Novem­ber 16, a 19year-old Ger­man tourist left her hand­bag, con­tain­ing a pass­port and $20 in Aus­tralian cur­rency, on a chair at the en­trance to the smok­ing area of Air­lie’s Boom night­club. At 2.30am she re­turned to re­trieve her bag but it was gone.

Mean­while Joanne Reeves handed the pass­port in to po­lice, say­ing she found it in a car park up the street. How­ever, when po­lice re­viewed Boom’s CCTV footage, they saw Reeves hold­ing the bag up be­fore wrap­ping it in her jumper, which she tied around her waist be­fore walk­ing out. When po­lice caught up with Reeves she was is­sued with a no­tice to at­tend the sta­tion within seven days to have her ID par­tic­u­lars taken, which she failed to do.

The 42-year-old was is­sued with $550 and $220 fines and or­dered to pay $20 in resti­tu­tion costs.

Stupid mis­take

Ja­son Scott Richter ad­mit­ted that pos­sess­ing drugs and drug-re­lated uten­sils was “a stupid mis­take”.

At 2pm on Fe­bru­ary 25, po­lice ex­e­cuted a search war­rant at Richter’s Proser­pine ad­dress, where a small amount of cannabis, plas­tic wa­ter pipe, metal scis­sors and plas­tic container, used in con­nec­tion with drugs, were found. Po­lice pros­e­cu­tor El­iz­a­beth Cas­sells said the 29-yearold labourer had four pre­vi­ous en­tries on his his­tory for drug-re­lated mat­ters. Mag­is­trate Haydn St­jern­qvist sug­gested pro­ba­tion might be ben­e­fi­cial but Richter did not con­sent to the or­der be­ing made. He there­fore re­ceived an $880 fine.

Cannabis found

Jack Thomas Sorensen pleaded guilty to pos­sess­ing drugs, drug-re­lated uten­sils and items used in the com­mis­sion of crime.

At 5pm on Fe­bru­ary 22, po­lice ex­e­cuted a search war­rant at Sorensen’s Cannonvale ad­dress, where a wa­ter pipe, bowl con­tain­ing green leafy ma­te­rial, cof­fee grinder cov­ered in cannabis residue and 12.6g of cannabis was found. The 23-yearold re­ceived a $660 fine.


A re­portable of­fender who gave po­lice the wrong street num­ber for his res­i­den­tial ad­dress re­ceived a $440 fine.

The court heard that Craig Les­lie Swingler, 43, changed his ad­dress last year and pro­vided po­lice with de­tails at the time. In Fe­bru­ary 2014 po­lice at­tempted to con­duct a com­pli­ance check but they were met at the ad­dress by an­other per­son who sug­gested they try next door.

Duty lawyer An­toinette Mor­ton said Swingler did in fact live next door, but in the op­po­site di­rec­tion to the house po­lice tried. She sug­gested there had been a mis­un­der­stand­ing and that Swingler knew his house by a par­tic­u­lar name rather than a num­ber.

Wil­ful dam­age

Mathew Blake Tuckey suf­fered “sub­stan­tial in­juries” while com­mit­ting a wil­ful dam­age of­fence.

At 11.50pm on Fe­bru­ary 22, Tuckey re­turned to his room at Whit­sun­day on the Beach where he was stay­ing as a paid guest. Po­lice pros­e­cu­tor El­iz­a­beth Cas­sells said on find­ing him­self un­able to open the door, Tuckey started bang­ing a chair against it. She said he then force­fully kicked the win­dow with the ball of his foot, caus­ing it to shat­ter. Mem­bers of the pub­lic wit­nessed the in­ci­dent and when po­lice ar­rived they found the 23-year-old stand­ing in a pool of blood. He was trans­ported to hospi­tal where an 85mm piece of glass was ex­tracted from his foot.

In court on Mon­day re­ceived a $440 fine.

Slip­pery slope

Hay­den Mitchell Vary was told that at­tend­ing a drug di­ver­sion ses­sion might help him steer clear of drugs be­fore he couldn’t get off that slip­pery slope.

At 4.30pm on Fe­bru­ary 23, po­lice were called to the Cal­tex ser­vice sta­tion where an off-duty po­lice of­fi­cer saw Vary smok­ing from a glass pipe. Po­lice later caught up with the 20year-old, find­ing the glass pipe and 0.5g of a crys­talline sub­stance pre­sumed to be methy­lam­phetamine.

Mag­is­trate Haydn St­jern­qvist said Vary was due to ap­pear be­fore the Supreme Court on other drug-re­lated mat­ters but he noted he was el­i­gi­ble for drug di­ver­sion, which might prove ben­e­fi­cial. Vary was placed on a Four-month, $440 good be­hav­iour bond con­di­tional upon at­tend­ing a drug di­ver­sion ses­sion later this month.

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