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