COURT IN BRIEF

Whitsunday Times - - NEWS COURT -

Where am I?

BEN­JAMIN New­bery Rus­sell, 37, faced Proser­pine Mag­is­trates Court af­ter he went on a ben­der in Air­lie Beach on March 13 and ended up in the gar­den of Mantra Club Croc.

Po­lice were called to Club Croc around 5am on March 14. They found Rus­sell in the car park, heav­ily in­tox­i­cated, ar­gu­men­ta­tive and re­fus­ing to an­swer their ques­tions.

He got into a scuf­fle with po­lice and was even­tu­ally sub­dued and ar­rested.

Staff at the ho­tel told po­lice they had asked Rus­sell what room he was stay­ing in but he ig­nored them and went be­hind the re­cep­tion desk, at which point a staff mem­ber had to lock them­selves into an of­fice.

A se­cu­rity guard told po­lice Rus­sell had said, “I’m stay­ing in my back­yard, what are you do­ing in my back­yard?” He also swore and threw punches at the se­cu­rity guard.

De­fence so­lic­i­tor Jor­dana Abela said Rus­sell had at­tended a func­tion at the ho­tel ear­lier in the night and couldn’t re­call how many drinks he’d con­sumed as he con­tin­ued drink­ing in Air­lie Beach.

“He went to Paddy’s Shenani­gans and re­calls drink­ing some Wild Tur­key (but) un­for­tu­nately this is where his rec­ol­lec­tion of events ends. The next thing he re­calls is be­ing ar­rested by po­lice,” she said.

Rus­sell was or­dered to com­plete 40 hours of com­mu­nity ser­vice within six months and fined $1000. He had no con­vic­tions recorded.

Bad neigh­bours

A NEIGH­BOUR­HOOD feud hit boil­ing point around 4.55pm on De­cem­ber 27, when Dar­ren Ken­neth Sch­midt, 39, went to talk to his neigh­bour af­ter their daugh­ter threw his son’s fris­bee in the bin.

The court heard Sch­midt was yelling ob­scen­i­ties and an ar­gu­ment took place be­fore he threw a right hand punch at the neigh­bour, hit­ting him in the nose, as well as goug­ing at his eyes and get­ting him in a head­lock.

When po­lice ar­rived, Sch­midt said he was sick of his neigh­bour’s dog bark­ing and an­gry about the fris­bee episode.

De­fence so­lic­i­tor Bar­bara Men­del­sohn said there had been on­go­ing hos­til­i­ties be­tween the neigh­bours but the pair had re­cently come to­gether to help clean up af­ter Cy­clone Deb­bie.

Sch­midt was sen­tenced to four months im­pris­on­ment, wholly sus­pended for 12 months.

Ex­pen­sive lift

PICK­ING up his part­ner cost Bran­don John Dearn­ley a $750 fine and dis­qual­i­fi­ca­tion from driv­ing for six months.

Dearn­ley had been drink­ing since around 3pm on April 29 when he got the call at about 10.30pm that his part­ner needed a lift. The 36-year-old from Can­non­vale was stopped by po­lice on Tropic Rd, Can­non­vale. He blew 0.132.

Drug drive

A RAN­DOM drug test cost Brett Lenny Peter­son a $500 fine and the loss of his licence

for a month. Stopped on Water­son Way, Air­lie Beach on March 5 around 10.55am, the 28-year-old from Man­dalay tested pos­i­tive for cannabis.

Po­lice see ev­ery­thing

TRENT Matthew Richard­son was fined $500 af­ter po­lice found a stash of drugs in his car at the Air­lie Beach Woolworths car park.

Richard­son, 32, from Manoora, was stopped for a breath test on April 17 around 4.40pm. A small plas­tic con­tainer with 1.2 grams of cannabis was sub­se­quently found un­der the driver’s seat.

No con­vic­tion was recorded.

Vi­o­lent night

A VI­O­LENT out­burst at the Whit­sun­day watch-house has re­sulted in a $650 fine for Natalie Jane Watkins, 28.

The Can­non­vale woman ar­rived at the watch-house at 11.15pm on March 16, and even­tu­ally had to be placed in a vi­o­lent de­ten­tion cell.

No con­vic­tion was recorded.

Still worth it?

NATHAN Wil­liam Rogers was

placed on drug di­ver­sion and a six-month $500 good be­hav­iour bond af­ter po­lice found him in pos­ses­sion of 3.7 grams of cannabis and a wa­ter pipe, dur­ing a search on April 27 around 12.30pm at an ad­dress on Marathon St, Proser­pine.

Strange smell

AN OB­SER­VANT po­lice of­fi­cer was the down­fall of Mitchell Dun­can Whit­ton and Rhys David Webb, found with three grams of chopped cannabis and a wa­ter pipe in a car on the Air­lie Beach main street on April 27 around 8.55pm.

Whit­ton, 18, from Ju­bilee Pocket was or­dered to at­tend drug di­ver­sion and placed on a six month $500 good be­hav­iour bond. Webb, 21, from Can­non­vale, was fined $500. There were no con­vic­tions recorded.

Three times over

STEPHEN Ryan, 48, from Midge Point blew 0.158 when pulled over by po­lice around 11pm on March 10, on Bun­de­sen Ave, Midge Point.

He was dis­qual­i­fied from

driv­ing for seven months and fined $1200.

Slap and punch

BREN­DAN Jake Lan­gan, 18, from Man­dalay, was at the Whit­sun­day Shop­ping Cen­tre on Novem­ber 12 when he ap­proached, slapped and punched a man with a closed fist, cap­tured on CCTV.

Mag­is­trate Si­mon Young said it was un­pro­voked vi­o­lence in a pub­lic place and fined him $1000 with no con­vic­tion recorded.

Smashed door

CUR­TIS James McMa­hon, 19 of Can­non­vale, said he was drunk and couldn’t re­call the in­ci­dent when on April 12 around 9.30pm he smashed a ce­ment block on a screen door at a unit com­plex in Air­lie Beach. He was placed on a six month good be­hav­iour bond and or­dered to pay $577.50 in resti­tu­tion. No con­vic­tion was recorded.

No sam­ple

FAIL­ING to pro­vide a breath sam­ple re­sulted in a nine month licence sus­pen­sion and

$1000 fine for Ti­mothy Paul West­cott, 26, of Flame­tree.

West­cott was pulled over around 9.45pm on April 2 on Shute Har­bour Rd. He said he had drunk two full strength beers. How­ever, back at the Whit­sun­day watch-house, po­lice could not pro­vide a qual­i­fied per­son to take the of­fi­cial sam­ple. He was even­tu­ally trans­ferred to the Proser­pine Po­lice Sta­tion and at 12am fi­nally asked to pro­vide a sam­ple but re­fused.

Move on

KYLE Christo­pher Gra­ham’s re­fusal to leave the Air­lie Beach Safe Night Precinct cost him a $400 fine.

Po­lice were stopped by se­cu­rity on March 12 around 12.30am and is­sued the 20-year-old from Bowen a move on di­rec­tion which he dis­obeyed.

Phone smashed

MITCHELL Scott Lloyd was fined $750 and or­dered to pay $800 in resti­tu­tion for smash­ing his part­ner’s phone.

The mat­ter was dealt with in his ab­sence.

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