Proser­pine Mag­is­trate’s Court


Test drive

A MAN who claimed he was ‘testing’ a car for his part­ner de­spite be­ing un­li­censed and speed­ing at the time, has been fined a to­tal of $667.

Nathan Bennett was caught driv­ing a white Toy­ota Hilux at 76kms per hour in a 60 zone at Can­non­vale on the morn­ing of Fe­bru­ary 20.

Ac­cord­ing to po­lice pros­e­cu­tor El­iz­a­beth Smith, the 32-year-old fa­ther said the car had been mak­ing a noise and he was wor­ried it was un­safe for his part­ner to drive. He al­legedly told po­lice he was testing it at the time of be­ing caught.

For driv­ing with­out a li­cence he was fined $440 and for dis­obey­ing the speed limit he was fined the ticket price of $227.

Hors­ing around

“HORS­ING around” with a vend­ing ma­chine led to a charge of wil­ful dam­age for James Thomas Field­ing.

At 12.20am on Christ­mas Day, Field­ing was in a staff area at the Hay­man Is­land Re­sort when he be­gan rocking the ma­chine for­ward un­til it fell on the tiles, ren­der­ing it in “semi-work­ing con­di­tion”.

When po­lice even­tu­ally caught up with him the day af­ter Boxing Day, Field­ing told them he was drunk at the time and didn’t know what came over him.

Duty lawyer Lach­lan YgoaMcKe­own pointed out this was the Christ­mas pe­riod and it ap­peared to be “out of char­ac­ter”.

Field­ing was fined $550 but the con­vic­tion was not recorded.

Long stretch

BRIAN Ross Hall was fined $880 for fail­ing to com­ply with his re­port­ing con­di­tions un­der the Child Pro­tec­tion Act.

Hall be­came a re­portable of­fender in Vic­to­ria in Novem­ber 2011. He is re­quired to re­port to po­lice for 15 years but in Novem­ber 2014 he failed to com­ply.

Po­lice pros­e­cu­tor El­iz­a­beth Smith said Hall, who now divides his time be­tween Vic­to­ria, Queens­land and the North­ern Ter­ri­tory, went to the Whit­sun­day Po­lice Sta­tion in Jan­uary this year, say­ing he was busy in Novem­ber and this was sim­ply an “over­sight”.

Mag­is­trate Haydn St­jern­qvist warned him he had a “long stretch” in which he had to com­ply.

A lit­tle be­wil­dered

ERICH Arthur Lan­drum pleaded guilty to driv­ing while over the gen­eral al­co­hol limit and fail­ing to pro­vide a breath spec­i­men.

The 45-year-old NSW res­i­dent was pulled over on the Bruce High­way at Hamil­ton Plains at 8.55pm on Fe­bru­ary 20.

He re­fused to be breathal­ysed at the scene but re­turned a read­ing of 0.085 at the Proser­pine Po­lice Sta­tion.

When asked why he didn’t blow into the ma­chine at the road­side, he told the court he was “in the mo­ment, a lit­tle be­wil­dered”.

He was fined $660 and dis­qual­i­fied from driv­ing for three months.

Im­paired de­ci­sion-mak­ing

TAI Blas Martin was fined $990 and dis­qual­i­fied from driv­ing for nine months af­ter plead­ing guilty to driv­ing while un­der the in­flu­ence of al­co­hol.

Martin blew 0.157 af­ter he was pulled over by po­lice at 1.50am on De­cem­ber 11, on Water­son Way, Air­lie Beach.

Po­lice pros­e­cu­tor El­iz­a­beth Smith said the 21-year-old was ver­bally abu­sive to­wards po­lice.

Duty lawyer Lach­lan Ygoa- McKe­own said Martin had be­come in­volved with drugs at school, ‘pro­gress­ing’ to drugs such as heroin and meth am­phet­a­mine – a cy­cle he had only been able to break af­ter a pe­riod of incarceration.

Mr Ygoa-McKe­own sub­mit­ted Martin had ‘come so far’ but on the night in ques­tion bumped into friends who per­suaded him to go for a drink. He said his de­ci­sion­mak­ing was then “im­paired”.

Men­tion was made of the fact Martin had been on a suspended sen­tence and breached pa­role.

Mr Ygoa-McKe­own ad­mit­ted th­ese sen­tences were re­lated to his pre­vi­ous drug and al­co­hol use.

Nonethe­less he said Martin was now “a con­tribut­ing mem­ber of so­ci­ety but for this of­fence”.

Mag­is­trate Haydn St­jern­qvist noted Martin had been be­fore the Sun­shine Coast court reg­u­larly over the past few years.

Moved to Mackay

A MAN who failed to re­port to Whit­sun­day Po­lice said he didn’t make the ap­point­ments be­cause he’d moved to Mackay.

Jor­dan Chan­dler Piercy, 22, was re­quired to re­port to the Whit­sun­day Sta­tion be­tween the hours of 8am and 4pm start­ing on Novem­ber 11.

In court on Mon­day, po­lice pros­e­cu­tor El­iz­a­beth Smith said he’d failed to ap­pear at all.

On Fe­bru­ary 10, po­lice caught up with him in An­der­grove.

Piercy, who was banned from the Air­lie Beach Safe Night Precinct (SNP) for one year af­ter deal­ing with the sub­stan­tive charges in court on Novem­ber 10, said he’d pre­vi­ously been living on Water­son Way and be­came con­cerned about how close this was to the SNP. This was his rea­son for mov­ing to Mackay.

He was fined $220.


MA­LIK Lies Poirier was not at court to an­swer a charge of con­tra­ven­ing a po­lice di­rec­tion, which was dealt with in his ab­sence.

The court was told that at 1am on Fe­bru­ary 20, po­lice were flagged down by se­cu­rity guards at Air­lie’s Phoenix Bar where Poirier had been evicted but tried to re-en­ter three times.

The 22-year-old French man was is­sued with a move-on di­rec­tion but at 1.15am he was found at McDon­ald’s. Po­lice pros­e­cu­tor El­iz­a­beth Smith said he told po­lice he was “hun­gry”.

He was fined $330.

Knock-off drinks

A COU­PLE of knock-off drinks were said to be re­spon­si­ble for a drink-driv­ing charge against Ed­ward James Rowett.

The 39-year-old blew 0.065 af­ter he was pulled over for speed­ing on Shute Har­bour Road, Can­non­vale, at 5.42pm on Fe­bru­ary 27.

He was fined $440 and dis­qual­i­fied from driv­ing for two months.

Trou­ble re­mem­ber­ing

AS­SO­CI­AT­ING with “drug­gies” put Don­ald Wil­liam Wall on a path to court this week.

The 28-year-old Can­non­vale man pleaded guilty to two counts each of pos­sess­ing drug-re­lated uten­sils and drugs and one count each of con­tra­ven­ing a po­lice re­quire­ment, driv­ing a car with­out the nec­es­sary in­ter­lock de­vice at­tached and driv­ing with­out a li­cence.

The first drug charge re­lated to an in­ci­dent when Wall had handed him­self in to a hos­pi­tal at Lo­gan, where his be­long­ings were searched and he was found with 0.5g of speed.

On Jan­uary 18 this year, Wall was found in a black sedan with a woman who ad­mit­ted to po­lice they’d both taken ice in the past 24 hours.

Po­lice searched his Re­gent’s Park ad­dress find­ing 1.6g of cannabis and two pipes.

Wall was served with a no­tice re­quir­ing him to at­tend the po­lice sta­tion for the pro­vi­sion of his ID par­tic­u­lars but he failed to com­ply.

In Fe­bru­ary, he was pulled over, driv­ing a gold Toy­ota util­ity on Shute Har­bour Road. Checks re­vealed his li­cence had been dis­qual­i­fied from Jan­uary 23-Oc­to­ber 22, 2014 and he’d failed to re­new it af­ter this time.

Po­lice also es­tab­lished Wall was an ‘in­ter­lock’ driver, but there was no such de­vice fit­ted to the car.

De­fence solic­i­tor Sher­rie Meade con­ceded Wall had drug his­tory and said he had a hor­ri­ble time re­mem­ber­ing dates and times. She said in some courts it wasn’t stan­dard to in­form peo­ple they’d need to go to the Depart­ment of Trans­port to re-in­state their li­cence or that once their li­cence was re­turned they’d need to fit an in­ter­lock de­vice.

For the drug of­fences, Wall was placed on a $440 good be­hav­iour bond for four months, con­di­tional upon at­tend­ing a drug di­ver­sion ses­sion on March 17. For con­tra­ven­ing the po­lice re­quire­ment he was fined $220. For the driv­ing of­fences he was fined $550 and dis­qual­i­fied from driv­ing for three months.

Er­ro­neous de­ci­sions

MARK Steven Wil­ley made what were de­scribed as “er­ro­neous de­ci­sions” to steal and pos­sess tainted prop­erty.

At 8.30pm on Novem­ber 25, the 45-year-old drove into a BP road­house on the Peak Downs High­way at Mo­ran­bah in a car bear­ing stolen reg­is­tra­tion plates. He filled up with 36.31 litres of fuel worth $56.97 and drove off with­out pay­ing.

On De­cem­ber 8, he drove away from the Shell petrol sta­tion on the Bruce High­way at Kut­tabul with 68.9 litres of fuel worth $92.28.

On De­cem­ber 12, he again drove a car with stolen plates, this time to a Cal­tex ser­vice sta­tion in North Mackay where he took 58.96 litres of fuel worth $81.30.

The thefts were cap­tured on CCTV.

Po­lice pros­e­cu­tor El­iz­a­beth Smith said Wil­ley at­tended the Proser­pine Po­lice Sta­tion on Jan­uary 7. She said he ini­tially de­nied all of the charges but changed his story af­ter he was shown the footage.

Duty lawyer Lach­lan YgoaMcKe­own ad­mit­ted “he was al­ways go­ing to be caught”.

Mr Ygoa-McKe­own said the of­fences were com­mit­ted be­cause of fi­nan­cial hard­ship and poor de­ci­sion mak­ing.

Wil­ley was fined a to­tal of $1100 and or­dered to pay all resti­tu­tion amounts.

Tit for tat

A 42-YEAR-OLD Can­non­vale man who con­tra­vened a do­mes­tic vi­o­lence or­der by send­ing deroga­tory text mes­sages to the ag­grieved, said this was sim­ply a case of “tit for tat”.

“Yes I sent those and I’ve sent good ones [too],” Brett Ron­ald Wil­son told the court about mes­sages he sent on Fe­bru­ary 14.

“And I’ve re­ceived good ones and bad ones… [it’s] tit for tat.”

“Tit for tat doesn’t make it right,” mag­is­trate Haydn St­jern­qvist replied be­fore im­pos­ing a fine of $330.

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