Proserpine Magistrate’s Court
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.