Proser­pine Mag­is­trate’s Court

Whitsunday Times - - LOCAL NEWS -

Lost in the mail


24-year-old was in­ter­cepted by po­lice on Au­gust 1 at 8.30pm on Shute Har­bour Road, Can­non­vale. The court heard Fel­lows had been drink­ing between 4-8.20pm, and ul­ti­mately blew a BAC read­ing of .080. Fel­lows was fined $500 and her li­cence was dis­qual­i­fied for three months.

A 21-year-old man was caught driv­ing with­out a li­cence af­ter his mail was not trans­ferred.

Dy­lan Joseph Low ap­peared be­fore the Proser­pine Mag­is­trates Court where it was heard he had not re­ceived his re­newal forms be­cause of re­lo­ca­tion. Low was in­ter­cepted by Toowoomba po­lice on Ruther­ford Road on July 16, but was found to be un­li­censed. Mag­is­trate Ron Muir­head took Low’s tran­sient cir­cum­stances into con­sid­er­a­tion, and fined him $100. Low’s li­cence was also dis­qual­i­fied for one month.

Kiel Mitchell Crocker’s out of char­ac­ter behaviour has cost him $500 fol­low­ing a loud night out in the Air­lie Beach CBD. The 23-year-old Bowen res­i­dent pleaded guilty to con­tra­ven­ing di­rec­tion for an in­ci­dent on Au­gust 3.

At 2.35am at McDon­ald’s in Air­lie Beach Main Street, the de­fen­dant was seen to make rude and ob­scene ges­tures at po­lice be­fore con­tin­u­ing to yell re­marks. Po­lice were called to an­other mat­ter, be­fore re­turn­ing at 2.50am when McDon­ald’s man­age­ment asked the de­fen­dant be dealt with.

Crocker was ob­served to run down an al­ley, yelling pro­fan­i­ties at po­lice. While con­tin­u­ing to make threats, Crocker was is­sued a move on di­rec­tion and led away by friends. At 4.30am Crocker was seen by po­lice out­side of Tropic Ke­babs. The de­fen­dant saw po­lice and fled to the rear ac­com­mo­da­tion be­hind Mag­nums Ho­tel. Crocker was trans­ported to the watch house where it was noted he was un­co­op­er­a­tive.

The de­fence ar­gued it was out of char­ac­ter, and that Crocker deeply re­grated his ac­tions. Mag­is­trate Ron Muir­head said the “way you be­haved they could’ve laid a num­ber of charges” and urged Crocker to ad­dress his prob­lem with al­co­hol. The de­fen­dant apol­o­gised for his ac­tions, and was fined $500.

Reck­less ram­page

Dil­lon-Jay Van Cornewal was given the boot af­ter kick­ing a Proser­pine busi­ness’ sign last month. The court heard that at 2.10am on July 20 in Proser­pine Main Street out­side the Prince of Wales ho­tel, a man was ob­served run­ning to­ward Dobbins Lane where he kicked the sign of Colour Me Crazy, bent stems of fauna and kicked a bin. Po­lice re­strained the de­fen­dant, who re­sisted ar­rest and shouted ob­scen­i­ties. The 22year-old was is­sued a $750 fine by Mag­is­trate Ron Muir­head and or­dered to pay $264 resti­tu­tion for dam­age to the sign. Van Cornewal was also fined $300 for public nui­sance and $100 for ob­struct­ing po­lice.

Con­cern­ing his­tory

A 19-year-old has been told to sort out his behaviour af­ter ap­pear­ing be­fore the Proser­pine Mag­is­trates Court for the third time in 12 months. Sean John Roberts was charged with public nui­sance and wil­ful dam­age fol­low­ing an in­ci­dent on Au­gust 2 out­side the Metropole Ho­tel in Proser­pine.

At 12.10am the de­fen­dant was ob­served to kick the ho­tel’s front win­dow, caus­ing a crack be­fore be­com­ing ag­gres­sive and threat­en­ing two male wit­nesses.

The court heard Roberts tried to en­gage the two men in a fight, be­fore pro­ceed­ing to abuse pa­trons at the Prince of Wales ho­tel. The de­fence re­vealed the de­fen­dant had fam­ily is­sues but Mag­is­trate Ron Muir­head said Roberts’ his­tory was con­cern­ing, fol­low­ing three sim­i­lar in­ci­dents in the space of a year. “You’re start­ing to get a record of mak­ing a nui­sance,” he said. Roberts, who re­cently had a good behaviour bond ex­pire, was sen­tenced with nine months pro­ba­tion, 50 hours of com­mu­nity ser­vice and or­dered to pay $375 in resti­tu­tion.

Drug di­ver­sion

Todd Stephen Jenk­ins-Cuso has been or­dered to at­tend and com­plete a drug di­ver­sion course af­ter he pleaded guilty to three drug-re­lated charges. The 20-year-old Proser­pine res­i­dent was caught in pos­ses­sion of 0.7g of cannabis on July 30, where he also de­clared a home-made bong and a Nokia phone.

Jenk­ins-Cuso was charged with pos­ses­sion of a dan­ger­ous drug, pos­ses­sion of uten­sils and pos­ses­sion of any­thing used in the com­mis­sion of a crime. Mag­is­trate Ron Muir­head also is­sued the de­fen­dant a $500 bond for four months, in ad­di­tion to the drug di­ver­sion course on a nom­i­nated date.

Al­co­hol in­duced behaviour

A man has been charged with resti­tu­tion costs in ex­cess of $2500 fol­low­ing an in­ci­dent at McDon­ald’s in Air­lie Beach ear­lier this year. Thomas John Brad­ford was for­mally charged with public nui­sance for an al­ter­ca­tion at the fast food restau­rant on May 20.

The court heard the de­fen­dant spoke to an­other male in a heated en­counter, which even­tu­ally turned phys­i­cal. Brad­ford pushed the wit­ness in the chest, be­fore push­ing him again, sub­se­quently break­ing a dis­play cabi­net. Se­cu­rity es­corted both men from the store, and the de­fen­dant was sup­plied de­tails to re­place the glass. Af­ter 19 days with­out con­tact, McDon­ald’s man­age­ment lodged a re­port with po­lice. On June 26 Brad­ford was seen in the Air­lie Beach CBD by po­lice, who is­sued him a no­tice to ap­pear.

Brad­ford ar­gued the resti­tu­tion cost was ex­ces­sive, and stated he could com­plete the job for a much lower price. Mag­is­trate Ron Muir­head noted Brad­ford had a “his­tory of anti-so­cial behaviour”, not­ing sev­eral in­stances re­lat­ing to liquor. Brad­ford was fined $1000, banned from the CBD between the hours of 7pm and 6am for three months and or­dered to pay $2535.75 in resti­tu­tion.

Dis­qual­i­fied driver

A Mackay man has been caught speed­ing and driv­ing with­out a li­cence on the Bruce High­way near Proser­pine. Ben Sid­ney Bal­lan­tine was in­ter­cepted by po­lice on Au­gust 2 at 1.25pm, where a speedome­ter read­ing showed he was driv­ing 117km/hr. The 36-year-old de­fen­dant was pulled over, where it was found his li­cence had been sus­pended for three months from May 14.

Mag­is­trate Ron Muir­head noted Bal­lan­tine needed only wait a few weeks be­fore he was legally able to drive again, and the in­ci­dent would’ve re­sulted in a much more le­nient penalty. Bal­lan­tine was is­sued a $220 fine for speed­ing and a $900 charge for driv­ing with­out a li­cence. The de­fen­dant’s li­cence was fur­ther dis­qual­i­fied for six months.

Un­holy infringement

A 59-year-old Proser­pine man has been charged with public nui­sance fol­low­ing in­ci­dents at St Cather­ine’s church and the Proser­pine Hos­pi­tal. John Gra­ham An­der­son was is­sued with an $800 fine for caus­ing a dis­tur­bance in church and re­mon­strat­ing with staff at the hos­pi­tal. An­der­son ag­gres­sively threat­ened hos­pi­tal staff, be­fore po­lice at­tend­ing the scene took him to the watch house. The de­fence said An­der­son was con­cerned about his friend in the hos­pi­tal, but had been drink­ing at the time. Mag­is­trate Ron Muir­head noted An­der­son had a his­tory of public nui­sance, cit­ing three in­ci­dents since 2009.

Time to leave

Je­nee Whit­ney Anslow was told enough’s enough, and sub­se­quently fined $500 for fail­ing to leave a li­cenced premises. The de­fen­dant pleaded guilty to charges which oc­curred on July 18 at 6pm at the Hol­loways Beach Sport­ing Com­plex, Townsville. The court heard the in­for­mant asked the de­fen­dant to leave be­fore Anslow ig­nored or­ders and re­turned to the bar.

The 47-year-old was asked to leave twice more, only to re­turn on both oc­ca­sions. Po­lice at­tended the scene where Anslow was seen to have grabbed a se­nior con­sta­ble’s hand, at­tempt­ing to move back into the premises. Anslow ob­structed po­lice, be­fore strug­gling ar­rest. She was re­leased on bail af­ter be­ing taken to the watch house.

De­fence solic­i­tor Sher­rie Meade said Anslow “ad­mits she drank too much”, and also in­sisted Mag­is­trate Ron Muir­head con­sider a lack of his­tory. Anslow was is­sued a $500 fine for fail­ing to leave, and $300 for ob­struct­ing po­lice.

Mov­ing in the right di­rec­tion

Sarah-Jayne Fohms­bee was is­sued a $250 fine af­ter break­ing her pro­ba­tion or­der. De­fence solic­i­tor Sher­rie Meade told the court the de­fen­dant had “turned around her life”, com­menc­ing study and was mov­ing in a pos­i­tive di­rec­tion. Mag­is­trate Ron Muir­head noted the im­proved behaviour, but en­cour­aged Fohms­bee to take the pro­ba­tion or­der more se­ri­ously in the future. The pro­ba­tion or­der will con­tinue and no con­vic­tion was recorded at this time.

Scooter chase

Hooning on a scooter has cost Daniel David Des­mond Tude­hope more than $5000. The Proser­pine Mag­is­trates Court heard that on June 28 at 9.43 am, Tude­hope and an­other man were hooning near Abel Road, Can­non­vale. When ap­proached by po­lice, the men ac­cel­er­ated away. A chase en­sued how­ever the of­fend­ers were able to escape down a path in­ac­ces­si­ble by a po­lice ve­hi­cle. The 25year-old ul­ti­mately turned him­self in, where it was found that he had just com­pleted a sus­pended pe­riod, but failed to re­new his li­cence. The de­fen­dant ad­dressed his prob­lem with drugs in re­la­tion to pre­vi­ous charges and said “[I’m] feel­ing good about my­self”. Tude­hope was charged with a re­peat of­fence of driv­ing with­out a li­cence and fail­ing to stop a mo­tor ve­hi­cle. Mag­is­trate Ron Muir­head is­sued the de­fen­dant a $5500 fine and a dis­qual­i­fied pe­riod of two years for the first of­fence, adding a fur­ther $100 fine and two months dis­qual­i­fi­ca­tion for the sec­ond of­fence.

Pos­ses­sion of dan­ger­ous drugs

Damien Alec Wil­liam Vi­dler will un­dergo a drug di­ver­sion course and serve a four month bond af­ter he was caught pos­sess­ing dan­ger­ous drugs last month. On July 26 at 9am, po­lice at­tended a dis­pute on Coun­try Road, Can­non­vale. Upon en­ter­ing the premises in ques­tion, po­lice de­tected the smell of burnt cannabis.

The de­fen­dant re­vealed 2.9g of cannabis, and ad­mit­ted to con­sum­ing a joint 20 min­utes prior to po­lice ar­riv­ing. Mag­is­trate Ron Muir­head sen­tenced Vi­dler to a four month bond worth $400 as well as drug di­ver­sion cour­ses from a date to be de­ter­mined.

School sleep­over

A teenager has told the court he tres­passed a Townsville school be­cause he had “nowhere to stay”. Casey Leonard Stin­son was charged with tres­pass­ing and con­tra­ven­ing di­rec­tion on Mon­day morn­ing at the Proser­pine Mag­is­trates Court fol­low­ing an in­ci­dent on May 18. Po­lice found two males asleep in a class­room at Kir­wan State School, be­fore they were both trans­ported to the watch house.

The 17-year-old said he lived on the street in Townsville. Mag­is­trate Ron Muir­head sen­tenced Stin­son with a $100 for each of­fence – a to­tal pun­ish­ment of $200.

Mis­placed pass­port

Char­lotte Ma­rine An­drea Le­van­nier was is­sued a three month good behaviour bond, worth $300, for con­tra­ven­ing di­rec­tion. The court heard that on Au­gust 9 at 1.38am on Water­son Way, the de­fen­dant was is­sued a move on di­rec­tion from the Air­lie Beach CBD. At 2.18am po­lice at­tended Paddy’s Shenani­gans in Air­lie Beach where Le­van­nier was seen try­ing to re-en­ter the premises. The de­fen­dant tried once again at 2.23am when po­lice in­ter­vened. De­fence solic­i­tor Sher­rie Meade told the court Le­van­nier had left her pass­port in the premises, and was “quite dis­tressed”. Mag­is­trate Ron Muir­head said he sym­pa­thised with the de­fen­dant’s sit­u­a­tion, and sub­se­quently no con­vic­tion was recorded.

Bail breached

An Air­lie Beach man has breached his bail terms. Rhys Mitchel HayesTrim­mer was charged with ob­struct­ing po­lice and breach­ing bail fol­low­ing in­ci­dents ear­lier this year. On June 17 at 9.20pm the de­fen­dant threat­ened a woman be­fore pro­ceed­ing to yell and swear at po­lice on ar­rival.

Of­fi­cers at­tempted to de­tain Hayes-Trim­mer but he re­sisted vi­o­lently, try­ing to break free. He was sub­se­quently is­sued to re­port ev­ery Mon­day and Fri­day for bail. On Au­gust 8 Hayes-Trim­mer breached this con­di­tion. The de­fen­dant told the court he wasn’t vi­o­lent in re­sist­ing.

Mag­is­trate Ron Muir­head charged Hayes-Trim­mer with fines worth $100 and $75 for both of­fences.

Have we met?

Mark Richard Frost was fined $500 for con­tra­ven­ing po­lice on Au­gust 7. At 12.10am at Paddy’s Shenani­gans, the de­fen­dant and an­other male were evicted fol­low­ing an ar­gu­ment. Po­lice is­sued Frost a move on di­rec­tion on Water­son Way near Co­conut Grove. At 12.19am the de­fen­dant walked past of­fi­cers’ lo­ca­tion head­ing to­ward Mama Africa Night­club. The 31-year-old de­nied speak­ing to po­lice ear­lier, but was ar­rested and even­tu­ally re­leased on bail.

Hun­gry boy

Jake Cameron Al­gie was charged with con­tra­ven­ing di­rec­tion fol­low­ing an in­ci­dent on July 26. At 1.15am the Proser­pine res­i­dent was de­nied en­try into Paddy’s Shenani­gans, and pro­ceeded to ar­gue with se­cu­rity. At 1.25am po­lice at the scene is­sued the 19-year-old a move on di­rec­tion to leave the Air­lie Beach CBD. At 1.30am the de­fen­dant was ad­vised by po­lice to leave once again. Al­gie was spot­ted later at 3.45am be­fore he was in­ter­cepted by po­lice. The de­fence told the court Al­gie was “get­ting food”. Mag­is­trate Ron Muir­head deemed Al­gie pay a fine worth $300 and a con­vic­tion was not recorded.

Head­lock pe­nalised

Cal­lum Richard Har­ris-Wil­liams was fined $750 for public nui­sance. The court heard Har­ris-Wil­liams and a male wit­ness en­gaged in an al­ter­ca­tion at Paddy’s Shenani­gans on July 31 at 2.30am. The de­fen­dant ex­e­cuted a head­lock on the other male be­fore po­lice in­ter­vened and took Har­ris-Wil­liams to the watch house. The 21-year-old was is­sued a $750 fine and no con­vic­tion was recorded.

Hand­bag left be­hind

A woman has bro­ken a move on di­rec­tion af­ter leav­ing her hand­bag in an Air­lie Beach night­club. On Au­gust 9 Maelys Edith Saulnier was asked to leave a premises be­fore re­al­is­ing she had left her hand­bag at the venue. The de­fen­dant tried to get back in, how­ever she was de­tained for en­ter­ing a li­cenced premises af­ter be­ing told to leave. Mag­is­trate Ron Muir­head is­sued a three-month good behaviour bond worth $300 and no con­vic­tion was recorded.

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