Proser­pine Mag­is­trate’s Court

Whitsunday Times - - WHITSUNDAY NEWS AND VIEWS -


RHYS David Adam­son al­legedly told po­lice he wasn’t a regular drug user but took ec­stasy some­times when he was out in Air­lie Beach.

The 19-year-old was in court on Mon­day charged with pos­sess­ing the drug af­ter an in­ci­dent at Air­lie’s Boom night­club in the early hours of De­cem­ber 28.

Po­lice pros­e­cu­tor El­iz­a­beth Smith said Adam­son was seen by se­cu­rity guards hand­ing half an ec­stasy pill to a woman in­side the club.

When ques­tioned by po­lice he said he’d bought the pill, a ‘trans­former’ from an un­known per­son on the fore­shore, tak­ing half of it in the night­club be­fore try­ing to give the other half to a fe­male friend.

De­fence solic­i­tor Sher­rie Meade said this whole ex­pe­ri­ence had been a very big eye-opener for the young man who learned his ac­tions could have had “very, very se­ri­ous con­se­quences”.

Mag­is­trate Haydn St­jern­vist noted th­ese se­ri­ous con­se­quences could have in­cluded the pill con­tain­ing some­thing like “rat poi­son” and the woman he’d tried to give it to dy­ing as a re­sult.

“Then that’d be an eye-opener,” Mr St­jern­qvist said, warn­ing “there’s no fu­ture in it”.

Adam­son was placed on a $440, four-month good be­hav­iour bond, con­di­tional upon at­tend­ing a drug ed­u­ca­tion ses­sion on March 23. No con­vic­tion was recorded.

His­tory not the best

A MAN who crashed his mo­tor­bike af­ter drink­ing four or five pots of beer in the pre­ced­ing hour has been fined $770 and dis­qual­i­fied from driv­ing for five months.

Peter James Ben­ham had been drink­ing with his girl­friend at Montes re­sort be­fore de­cid­ing to ride back to Air­lie Beach on De­cem­ber 21.

Po­lice were called to their sin­gleve­hi­cle ac­ci­dent on Glouces­ter Av­enue, Hy­de­away Bay, at 6pm.

Po­lice pros­e­cu­tor El­iz­a­beth Smith said Ben­ham told po­lice he’d failed to ne­go­ti­ate a bend and hit the gravel where the bike slid out from un­der him.

Ben­ham and his pas­sen­ger were both taken to the Proser­pine Hos­pi­tal where Ben­ham’s blood re­turned an al­co­hol read­ing of 0.105.

Fur­ther checks re­vealed Ben­ham held an RE Learner’s li­cence and he was only al­lowed to ride in the com­pany of a su­per­vis­ing open li­cence-holder.

In court on Mon­day, he pleaded guilty to charges of mid-range drink-driv­ing, not hav­ing proper con­trol and fail­ing to com­ply with his li­cence re­quire­ments.

Mag­is­trate Haydn St­jern­qvist noted Ben­ham’s traf­fic his­tory was “not the best I’ve seen”.

Im­pul­sive act

TYLER Den­zel Bir­tles punched the pas­sen­ger side mir­ror of a taxi in Air­lie Beach be­cause he was an­gry about wait­ing for an hour for a ride home.

At 3.55am on Jan­uary 1, po­lice in the Air­lie Beach Safe Night Precinct (SNP) were flagged by the taxi driver in ques­tion out­side the Mama Africa night­club.

Po­lice pros­e­cu­tor El­iz­a­beth Smith said Bir­tles had been stand­ing in the mid­dle of the road when the taxi ap­proached, forc­ing the driver to ma­noeu­vre around him.

When po­lice ar­rived, Bir­tles al­legedly told them he’d called a cab at least four times and was un­able to walk to the taxi rank be­cause his leg had re­cently come out of a cast.

Ms Smith said he de­manded po­lice call him a cab be­fore be­com­ing ag­gres­sive and strik­ing out at one of the of­fi­cers.

The 19-year-old New South Wales res­i­dent trav­elled back to the re­gion on Mon­day to deal with the charges of public nui­sance and ob­struct­ing po­lice, with his mother and solic­i­tor in tow.

Sharon Rams­den, from Mars­dens Law Group, said Bir­tles had been here cel­e­brat­ing New Year. She said he ad­mit­ted hit­ting the taxi and de­scribed it as some­what of an “im­pul­sive act”. She also ad­mit­ted he wasn’t com­pli­ant with po­lice but said this was an iso­lated of­fence.

Mag­is­trate Haydn St­jern­qvist agreed for a public nui­sance of­fence this was prob­a­bly at the lower end of the scale.

Bir­tles was fined $550 but con­vic­tions were not recorded on any count.

Fool­ish and ir­re­spon­si­ble

DE­FENCE solic­i­tor Owen Perkins said David Fran­cis Dunne re­alised the “fool­ish­ness and ir­re­spon­si­bil­ity” of his de­ci­sion to drink and drive.

Dunne blew 0.118 when he was pulled over at a static RBT on the Bruce High­way at Proser­pine on the evening of Fe­bru­ary 24.

He ad­mit­ted drink­ing an un­known quan­tity of XXXX Gold while out fish­ing that day.

Mr Perkins said the 31-year-old would usu­ally catch a cab to and from places where he drank so this was out of char­ac­ter for him.

Mag­is­trate Haydn St­jern­qvist noted Dunne had two pre­vi­ous en­tries on his his­tory but both out­side five years.

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

Still very young

A 17-YEAR-OLD caught tres­pass­ing at Proser­pine’s Faust’s IGA has been placed on a good be­hav­iour bond of $500 for nine months.

Bren­don Mil­ton Jef­frey was banned from the su­per­mar­ket on Oc­to­ber 24 but went there any­way at 3.40pm on Fe­bru­ary 23.

The teenager was sup­ported in court on Mon­day by his fa­ther and mother and rep­re­sented by duty lawyer Lach­lan Ygoa-McKe­own who pointed to his rel­a­tive youth.

“You’re still very young,” mag­is­trate Haydn St­jern­qvist agreed.

“And you need to make some de­ci­sions fairly quickly.”

No con­vic­tion was recorded.

Wet ride

DRIV­ING af­ter drink­ing on a ferry ride to Air­lie Beach landed Benjamin An­drew Mercer with a no­tice to ap­pear in court.

Mercer was pulled over at a static RBT site on Shute Har­bour Road at 7.30pm on Fe­bru­ary 25. He told po­lice he’d drunk two Great North­ern beers and two James Squires’ on his way back from Hamil­ton Is­land that night. His breath al­co­hol read­ing was 0.069.

He pleaded guilty in writ­ing to the charge and was fined $220 and dis­qual­i­fied from driv­ing for one month.

Bare­foot dancer

LEITH David Mitchell pleaded guilty to a public nui­sance of­fence but asked for no con­vic­tion to be recorded.

The 26-year-old lo­cal was ar­rested af­ter re­sist­ing evic­tion from Paddy’s Shenani­gans in Air­lie Beach at 1am on Fe­bru­ary 21.

Po­lice pros­e­cu­tor El­iz­a­beth Smith said he tried to punch a se­cu­rity guard and was swing­ing his arms around vi­o­lently.

Duty lawyer Lach­lan YgoaMcKe­own said Mitchell had been asked to leave be­cause he was on the dance floor with no shoes. He said the shoes had bro­ken and Mitchell was try­ing to ex­plain that.

Mr Ygoa-McKe­own ac­knowl­edged the two pre­vi­ous public nui­sance of­fences on Mitchell’s his­tory but he said the young man still wanted to travel and had plans to snow­board in places like Canada which a con­vic­tion would pre­vent.

Mag­is­trate Haydn St­jern­qvist said in his opin­ion Mitchell had been dealt with le­niently in the past but while he fined him $660 he agreed not to record the con­vic­tion.

“But Mr Mitchell, gee whiz that is the last time,” he said.

Some­thing else on

SHANE John Neilson pleaded guilty in writ­ing to con­tra­ven­ing a po­lice re­quire­ment. The 29-yearold ac­cepted a drug di­ver­sion on Septem­ber 17 but did not show up as re­quired on Oc­to­ber 14. When po­lice spoke with him on Fe­bru­ary 27, he ap­par­ently told them he had “some­thing else on”. He was fined $440.

Valu­able re­minder

FAC­ING court on charges of fail­ing to leave a li­censed premises, as- sault oc­ca­sion­ing bod­ily harm and com­mit­ting a public nui­sance of­fence were said to be a valu­able re­minder to Duane Paul Smith about the ef­fects of al­co­hol.

At 11.38pm on Fe­bru­ary 28 po­lice were called to Mag­nums Ho­tel, Air­lie Beach, where the 36-year-old Can­non Val­ley man was seen re­sist­ing a se­cu­rity guard.

Po­lice pros­e­cu­tor El­iz­a­beth Smith told the court the se­cu­rity guard had asked Smith to leave due to his ex­ces­sive level of in­tox­i­ca­tion. She said Smith had asked if he could give the rest of his beer to a friend. The se­cu­rity guard said this was al­right so Smith then asked if he could stay.

On be­ing told “no” Smith head­but­ted the se­cu­rity guard in the left side of the face in­flict­ing bruis­ing and a cut above the left eye.

The court was told this type of of­fence, com­mit­ted in a Safe Night Precinct, was now sub­ject to manda­tory com­mu­nity ser­vice in ad­di­tion to what­ever other penalty the mag­is­trate might choose to im­pose.

Smith’s de­fence solic­i­tor de­scribed him as a man who didn’t fre­quently drink al­co­hol but had gone to a work func­tion ear­lier that day where he made the “re­gret­table de­ci­sion” to drink spir­its and play drink­ing games.

The court was also told he’d writ­ten an apol­ogy to the se­cu­rity guard.

Mag­is­trate Haydn St­jern­qvist said th­ese were se­ri­ous of­fences but Smith’s level of re­morse led him to con­clude this was “some­what out of char­ac­ter”.

Smith was fined $1000, or­dered to pay $500 com­pen­sa­tion for the pain and suf­fer­ing he caused and to com­plete 40 hours com­mu­nity ser­vice.

Scales for baby for­mula

KER­RIE-ANN Marie Wills pleaded guilty to pos­sess­ing cannabis, a glass pipe and a set of scales although she told po­lice the scales were used to weigh baby for­mula for a friend’s child.

Th­ese items were found at her Can­non­vale ad­dress when po­lice con­ducted a search at 9.05am on Fe­bru­ary 21.

Po­lice pros­e­cu­tor El­iz­a­beth Smith said Wills also told po­lice she’d had friends round for a party on the pre­vi­ous night although the unit didn’t look as though a party had been held there.

The 31-year-old was placed on a $440 good be­hav­iour bond for four months, con­di­tional upon at­tend­ing a drug di­ver­sion ses­sion on March 23.

“[And] don’t at­tend un­der the in­flu­ence of drugs, al­co­hol or baby for­mula,” mag­is­trate Haydn St­jern­qvist said, later re­mark­ing that as far as he re­mem­bered baby for­mula was usu­ally mea­sured with a scoop.

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