Scottsdale Magistrates Court of Petty Sessions - November 2020

November 17, 2020

Andrew William Harvey, Billy Ponting, Madalyn Jean Ponting, Belinda Jane Wheeler pleaded guilty to failing to comply with a direction from the Director of Public Health, in relation to a gathering in Winnaleah during April against COVID-19 guidelines.
On April 12 police received information from the Coronavirus hotline that there was a party occurring at a home in Winnaleah in breach of the public health direction.
Police attended at 7pm and spoke with Ms Wheeler, the resident.
Later after receiving a complaint, police returned to the home for a second time to find Ms Ponting and a youth outside the house.
They told police they were not residents but had attended a gathering at the house that night.
Two other local residents later attended the residence for a gathering.
No attendees were showing signs of sickness at the time.
At the time of the offence all Tasmanians were subject to the direction that they were to remain in or on their primary residence due to the pandemic.
The defendants denied that it was a party or a pre-arranged gathering.
The Magistrate stated that the direction issued by the Director of Public health was “abundantly clear”.
“Well-meaning people who don’t stick to the rules can end up with a hotspot or outbreak taking route,” the magistrate said.
He said while it didn’t happen, it posed a risk.
“It isn’t a lot to ask of each of us to make these small sacrifices when we hear about so many sacrificing so much during these periods, health workers, people like that.”
Mr Harvey, Mr Ponting, Ms Ponting and Ms Wheeler were all convicted and fined $500 each, with additional costs and levies of $68.04 each.
Shannon Joshua Brown pleaded guilty to a series of driving offences, including driving while disqualified, while his license was suspended due to fines, with illicit drugs present in his oral fluid, driving an unregistered and uninsured vehicle, and speeding.
The offences occurred over October 8, 2018, May 30, 2019, June 15, 2019 and June 5, 2020.
On May 30, 2019 and June 5, 2020 oral fluid tests showed Mr Brown had methylamphetamine and amphetamine in his system.
His lawyer noted that the drugs in his system were residual levels, rather than the result of using drugs and then driving.
On June 15, 2019 Mr Brown was seen by police in an unmarked vehicle driving at 74km/h in a 60 zone on Golconda Road at Lebrina.
Licence checks showed his licence was suspended and the vehicle was unregistered and uninsured.
The 32-year-old man was disqualified from holding or obtaining a licence for 15 months, fined a total of $2,300 across all complaints with costs and levies of $332.16
Caleb Riley Jefferies pleaded guilty to a number of driving offences including driving an unregistered vehicle, driving unaccompanied as a Novice L2 driver, displaying false registration plates and evading police.
In total, the 20-year-old was disqualified from holding or obtaining a driver’s licence for 15 months and fined $4400 with costs and levies of $200 and a 12-month community  correctionsorder.
Matthew Paul Atkins pleaded guilty to one count of stealing and one count of driving with an unsecured load.
On August 11 Mr Atkins stole a load of firewood from Sustainable Timbers Tasmania property at North Scottsdale of an estimated value of $100.
Police on patrol on Bridport Road at Jetsonville pulled Mr Atkins over after noticing the unsecured load on the back of his ute which they deemed unsafe.
A chainsaw on top of the wood was only secured by the bar which was wedged between two pieces of wood.
In conversation with police it became clear that he had no permit and he later declined the option to obtain a retrospective permit for $44.
The 22-year-old was convicted and fined $300, lost two demerit points, with additional costs and levies of $88.04
Dylan Clint Sheehan pleaded guilty to speeding, exceeding the blood alcohol limit, driving without a licence due to expiry and suspension.
On August 1, 2020 police were patrolling Bridport when they saw Mr Sheehan travelling at 141km/h in a 100km zone.
A breath test showed Mr Sheehan had a reading over the limit, at 0.055.
Licence checks showed the 23-year-old’s Novice L2 licence had expired.
On August 22 and September 2 Mr Sheehan was also caught driving while his licence was suspended due to fines.
Mr Sheehan was convicted, disqualified from driving for 12 months in total and fined $1450 with costs and levies of $244.12. 

Paul Anthony Burt pleaded guilty to one count of driving without a licence on Tasman Highway and Scott Street in Branxholm.
On August 30, police were conducting speed reduction and registration checks when they pulled Mr Burt over.
Check showed his licence had expired.
The 48-year-old said the passenger of the vehicle, who had previously been driving, became unwell so he took over driving.
Mr Burt was convicted and fined $250 with costs and levies of $68.04.
Tracey Lee Cox-Pregnall pleaded guilty to driving while suspended and one count of failing to appear when bailed to appear at court.
Police on patrol in East Devonport on September 14, 2019 intercepted Ms Cox-Pregnall for a random breath test, which returned a negative result.
Licence checks showed it had been suspended since October 2017.
The 34-year-old was disqualified from holding or obtaining a drivers licence for eight weeks and for both charges fined $650 with costs of $136.08.
Kevin Lawrence Taylor pleaded guilty to one count of driving without due care and attention, driving without a licence and in an unregistered and uninsured vehicle.
On August 5, Mr Taylor was driving along Spottswood Drive and attempted to turn onto Beattie Street but failed to negotiate the corner.
He told witnesses that his foot got caught under the pedal.
After hitting the gutter the airbags went off and the passenger side of the car was damaged.
The incident caused permanent eye damage which has left Mr Taylor vision impaired.
The 46-year-old Derby man was disqualified from holding or obtaining a drivers licence for 15 months, fined $750 with additional costs of $88.04 and received a wholly suspended three-month prison sentence.
James Joseph Turner pleaded guilty to one count of driving with illicit drugs present in his oral fluid.
On May 17 police intercepted Mr Turner on King Street for a breath test which was negative and oral fluid test which returned a positive reading.
It was later identified that he had THC present in his system.
The 35-year-old said he only smokes cannabis occasionally and did not believe it would be present in his body three days after the matter.
Mr Turner was convicted and disqualified from driving for six months and fined $800 with costs of $88.04.
Chloe Michelle Dale pleaded guilty to one count of trespassing at Scottsdale High School on September 17.
Ms Dale was a year 13 student at the school at the time and was seen by staff on school grounds while intoxicated.
She was escorted off the grounds by staff and suspended but she later returned.
Police attended the school and arrested the 18-year-old.
The complaint was dismissed but Ms Dale had to pay court costs of $68.04.
Zachary Lindsay Robertson pleaded guilty to one count of driving with alcohol present in his system.
At 11.30pm Sunday October 25 police were called to attended a car accident on Golconda Road just west of the Lietinna Hall.
The 22-year-old provisional driver told police he had run off the road after swerving to miss a wallaby.
A breath test returned a reading of 0.092.
Mr Robertson was arrested and served with an excessive drink drive notice and disqualified from driving for three months from October.
He was convicted and fined $500, with additional costs of $108.04 and disqualified from driving for three months from October.
Sumeet Singh Sandhu pleaded guilty to one count of driving while over the prescribed blood alcohol limit.
On May 6 Mr Sandhu was pulled over by police for a COVID stay at home check at 2.20pm in Scottsdale.
A breath test returned a reading of 0.245 and he was issued with an excessive drink drive notice.
Despite the high reading, it was noted the defendant was not showing the usual signs of intoxication.
Mr Sandhu noted he had a history of liver problems and is now in need of a transplant and indicated this may have affected the reading.
The 36-year-old was convicted and disqualified from driving for 18 months from the date of the incident, fined $1200 with costs and levies of $88.04.
Damien Ashley Viney pleaded guilty to one count of driving while disqualified.
On April 7, 2015 Mr Viney was seen by police, driving on Formby Road in Devonport and at one point he crossed onto the wrong side of the road.
He was pulled over and produced a Victorian drivers licence which checks showed was expired.
A conviction was recorded and Mr Viney was asked to pay the court costs of $68.04
A number of other matters were adjourned for hearing at the next session in Scottsdale on December 8, 2020.