Proser­pine Mag­is­trate’s Court

Whitsunday Times - - LOCAL NEWS -

Un­li­censed driver

Chris­tine Leanne Barba pleaded guilty to driv­ing while her li­cence was de­merit-point sus­pended.

The 38-year-old Midge Point res­i­dent was caught driv­ing a Ford sedan on Con­der Pa­rade at 4.55pm on Septem­ber 24. The court heard her li­cence was sus­pended un­til Oc­to­ber 21 due to the al­lo­ca­tion of de­merit points. She was fined $220 and dis­qual­i­fied from driv­ing for six months.

Some sort of sport

Stacey Lee Beard sent a let­ter to the court plead­ing guilty to a charge of dis­obey­ing the speed limit.

The 26-year-old was clocked driv­ing at 121km per hour in a 100 zone on the Bruce High­way at Proser­pine, at 9.21am on June 14. In her let­ter she told the court she had been over­tak­ing a ve­hi­cle that in­creased its speed at the time of the of­fence.

Mag­is­trate Haydn St­jern­qvist said he could well be­lieve this, “be­cause there’s idiots out there who think that’s some sort of sport”.

Beard was fined the ticket price of $227.

Throw­ing el­bows

Ryan Phillip Booth de­nied “throw­ing el­bows” at a woman in the Air­lie CBD, but did plead guilty to a pub­lic nui­sance charge. The 38-year-old Mackay man was in­volved in a fight out­side the Air­lie Beach McDon­alds at 2am on Septem­ber 26.

Po­lice pros­e­cu­tor El­iz­a­beth Smith said he was seen throw­ing punches at another man. Ms Smith said se­cu­rity guards told po­lice that Booth had ini­tially ap­proached a woman who ig­nored him. Ac­cord­ing to their ac­count, he then pushed his el­bow in her face, at which point the other man in­ter­vened. Booth dis­agreed with this ac­count, say­ing it was pos­si­bly his two-me­tre height that led to this per­cep­tion.

Nonethe­less, mag­is­trate Haydn St­jern­qvist noted Booth had a his­tory of pub­lic nui­sance of­fences.

“This is the third time in a row that you’ve been be­fore the court for this type of in­ci­dent,” he said.

Mr St­jern­qvist im­posed a $660 fine.


Sa­muel John Cantwell apol­o­gised to so­ci­ety for driv­ing while un­der the in­flu­ence of al­co­hol. The 31-year-old lo­cal was caught driv­ing a green Ford util­ity on Garn­ham Drive, Mo­ran­bah, at 11.05pm on July 5. He ad­mit­ted con­sum­ing six drinks that night with his last at 10.55pm.

Cantwell was taken to hos­pi­tal where he re­turned a blood al­co­hol con­cen­tra­tion read­ing of 0.173 per cent.

In a pre­pared state­ment, read out to the court, he said it was clear he had made an er­ror of judge­ment about how in­tox­i­cated he was.

“I sin­cerely re­gret my ac­tions… I apol­o­gise to so­ci­ety and I re­spect­fully ac­cept the pun­ish­ment im­posed by the courts,” he said.

He was fined $880 and dis­qual­i­fied from driv­ing for nine months.

Pain re­lief

Duty lawyer Sher­rie Meade told the court that Wade James Dyson had been us­ing cannabis to pro­vide him with some sort of pain re­lief.

At 12pm on Septem­ber 9, po­lice ex­e­cuted a search war­rant at Dyson’s Shute Har­bour Road ad­dress, find­ing a bowl con­tain­ing cannabis residue, a home­made wa­ter pipe, a grinder, a small set of dig­i­tal scales and a clip seal bag con­tain­ing 10.8g of cannabis. Ms Meade said the 37-year-old car­pet-layer had suf­fered a se­vere in­jury to his hand a cou­ple of years ago, from which he ex­pe­ri­enced sig­nif­i­cant lev­els of pain.

“Whilst it’s not a le­gal thing to do Your Hon­our, he was suf­fer­ing such ex­cru­ci­at­ing pain, that (cannabis) seemed to be the only thing that would give him some re­lief,” she said.

Dyson was fined $880.

Driven home

No more, no less

Po­lice dog

Just hav­ing fun

Form ig­nored

Richard Juarez Fuentes was driven home from court by a friend, after los­ing his li­cence for five months.

At 1.23am on Septem­ber 29, Fuentes was driv­ing a white Holden Ba­rina on Co­conut Grove at Air­lie Beach, where he was in­ter­cepted by po­lice. He ad­mit­ted drink­ing three schooners of beer and four rum and cokes be­tween 3pm and 1.10am and his breath al­co­hol con­cen­tra­tion read­ing was 0.121 per cent.

Mag­is­trate Haydn St­jern­qvist asked him how he had come to court, to which Fuentes replied that he was driven by a friend.

“[Well] don’t up­set him for five months – you might need him,” Mr St­jern­qvist said.

In ad­di­tion to the pe­riod of dis­qual­i­fi­ca­tion, Fuentes was fined $550.

Cory Robert James Grit­tner pleaded guilty to driv­ing while his li­cence was de­merit-point sus­pended. The 20-year-old ap­pren­tice plas­terer was caught be­hind the wheel of a black Mazda hatch­back on the Bruce High­way at Colos­seum, on Au­gust 29 at 9.40pm. Checks re­vealed he was de­merit-point sus­pended un­til De­cem­ber 10.

Grit­tner told po­lice he didn’t know about the sus­pen­sion and be­lieved he was still on a good driv­ing be­hav­iour bond.

Duty lawyer Sher­rie Meade ar­gued that Grit­tner was con­test­ing the two speed­ing tick­ets and a ticket for a per­son un­der the age of 16 who was not wear­ing a seat­belt, that had tipped his points ac­cu­mu­la­tion over the edge.

“They’re not me,” Grit­tner told the court. Mag­is­trate Haydn St­jern­qvist wasn’t con­vinced, im­pos­ing the only penalty that un­der the cir­cum­stances he could.

Grit­tner was fined $220 and dis­qual­i­fied from driv­ing for six months.

“Which is the min­i­mum I can give you – no more, no less,” Mr St­jern­qvist said.

A do­mes­tic pet paved the way for po­lice to charge Donna Lee Mur­ray with pos­sess­ing a pipe and a home­made bong.

At 8.10pm on Septem­ber 9, po­lice at­tended Mur­ray’s Blacks Beach ad­dress, where the dog moved the cur­tain aside al­low­ing them a clear view into the lounge. Here, po­lice pros­e­cu­tor El­iz­a­beth Smith said they saw a man sit­ting on the sofa, with a din­ner plate full of green leafy ma­te­rial he was pack­ing into a home­made wa­ter pipe.

Ms Smith said po­lice en­tered the prop­erty and con­ducted a search, find­ing a red pipe and a bong be­long­ing to Mur­ray.

The 43-year-old was fined $220 but no con­vic­tion was recorded for the of­fence.

UK tourist John Pa­trick-Joseph Sains­bury pleaded guilty in writ­ing to con­tra­ven­ing a po­lice di­rec­tion.

At 2am on Septem­ber 28, the 25year-old was is­sued with a move-on di­rec­tion, re­quir­ing him to leave the Air­lie CBD un­til 6am. At 2.50am he was found out­side the ke­bab shop. He al­legedly told po­lice he was “just hav­ing fun”. He was fined $330 but no con­vic­tion was recorded.

Casey Leonard Stin­son was not present in court to an­swer a charge of con­tra­ven­ing a po­lice re­quire­ment, which was dealt with in his ab­sence.

The court heard that on Septem­ber 7, the 18-year-old Proser­pine res­i­dent ac­cepted drug di­ver­sion from po­lice. He was given a form re­quir­ing him to at­tend a ses­sion at the Proser­pine Hos­pi­tal on Septem­ber 29.

Po­lice caught up with him on Oc­to­ber 10 after he failed to at­tend.

Po­lice pros­e­cu­tor El­iz­a­beth Smith said Stin­son told po­lice he didn’t know where to go, de­spite the fact the form con­tained both the ad­dress and a con­tact tele­phone num­ber.

“I didn’t even look at the form,” he al­legedly said.

He was fined $330 and the con­vic­tion was recorded.

Jeop­ar­dis­ing lib­erty

A man on a sus­pended sen­tence, who was found with a knife and a ma­chete in his car, was warned he was jeop­ar­dis­ing his lib­erty.

Michael John Tyler was seen driv­ing into the Air­lie Beach la­goon carpark at 3pm on Au­gust 21, in a white Ford four-wheel-drive that had no front num­ber plate.

Tyler and his pas­sen­ger got out of the car and walked away, but were fol­lowed by po­lice.

Tyler’s pas­sen­ger was ar­rested after he was found in pos­ses­sion of a cannabis bud and the four-wheeldrive was sub­se­quently searched. The ma­chete and knife were found in what was de­scribed as a tool bag, un­der the front pas­sen­ger seat.

The court heard that Tyler, who pleaded guilty to pos­sess­ing a knife in a pub­lic place, was al­ready serv­ing two sus­pended sen­tences plus pe­ri­ods of pro­ba­tion.

His solic­i­tor Dar­ren Ma­honey, from Ja­cob­sen Ma­honey Lawyers, said the pro­ba­tion of­fice in­tended to sanc­tion Tyler in-house and not put him be­fore the court for any breaches.

He said Tyler was not aware that his ve­hi­cle was classed as a pub­lic place, and in fair­ness, he was 30-40 me­tres away from it, when ap­pre­hended by po­lice.

Mr Ma­honey also claimed the knife and ma­chete were camp­ing items, used to re­move lan­tana from four-wheel-drive tracks.

Fur­ther­more, he claimed this of­fence was to­tally dif­fer­ent to those for which Tyler re­ceived the more se­ri­ous sen­tences, which pre­dom­i­nantly re­lated to drugs.

Mag­is­trate Haydn St­jern­qvist con­ceded th­ese points and for the of­fence be­fore the court he im­posed a $440 fine. For breach­ing the sus­pended sen­tences, Tyler was sentenced to a ‘ris­ing of the court’, which in lay­man’s terms, means he was re­quired to re­main in the court­room un­til pro­ceed­ings were of­fi­cially ad­journed.

Knowl­edge and con­trol

Mag­is­trate Haydn St­jern­qvist ruled that An­drew James Walker had “knowl­edge and con­trol” of cannabis plants and seedlings grow­ing at his Hy­de­away Bay home.

At 9.15am on Septem­ber 25, po­lice ex­e­cuted a search war­rant at the ad­dress, where another ten­ant was present. Dur­ing the search, 3.6g of cannabis seeds, 11 cannabis seedlings and six, one-me­tre-high cannabis plants in pots were found.

Po­lice pros­e­cu­tor El­iz­a­beth Smith said when po­lice caught up with Walker on Septem­ber 26, he de­nied own­ing the seedlings and seeds and when ques­tioned about the plants, said “I’ll go to court and take the fine”.

Duty lawyer Sher­rie Meade said she was in­structed Walker’s ten­ant had brought the plants with him, but that Walker ad­mit­ted wa­ter­ing them. She said Walker had since moved out and wasn’t likely to be be­fore the court again.

He was fined $880 but no con­vic­tion was recorded.

Di­rec­tion con­tra­vened

Dar­ren Wilson pleaded guilty in writ­ing to a charge of con­tra­ven­ing a po­lice di­rec­tion. At 2.35am on Septem­ber 28, the 43-year-old Man­dalay res­i­dent was is­sued with a move-on di­rec­tion, re­quir­ing him to leave the Air­lie CBD un­til 6am. After three warn­ings to com­ply with the di­rec­tion, he was even­tu­ally ar­rested out­side the Down Un­der Bar at 3.20am. He was fined $330 but the con­vic­tion was not recorded.

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