January 24, 2013

Three people charged over the attempted arson of a Kingaroy house on November 26 were today committed for sentencing in the District Court.

Robert Scott Ainsworth, Wilson Frank Ellis and Patricia Anne Strachan appeared in custody in Kingaroy Magistrates’ Court.

Through their counsel, Mr Mark Werner, they consented to a hand-up of witness statements and exhibits without cross-examination, and the finding of a prima facie case.

When asked by Magistrate Mark Bucknall if she had anything to say, Strachan replied “Just guilty, sir”.

In turn, Ellis replied “Guilty, Your Honour” and Ainsworth said: “Yes, I take a plea of guilty”.

With that, Mr Bucknall remanded them in custody for sentencing.

There was no application for bail.

At an earlier hearing, it was alleged a molotov cocktail had been tossed at a house which contained five people.

Other charges against the trio were adjourned to February 21.

* * *

A 21-year-old Nanango man charged with breaching his bail conditions – and three counts of public nuisance – will spend the next four months in jail after pleading guilty in Kingaroy Magistrates Court today.

Danny Kim Cherry was on a suspended sentence, which had already been extended once by the court, when the latest offences occurred.

“What doesn’t he get about a suspended sentence?” Magistrate Mark Bucknell asked rhetorically.

Cherry had been sentenced to six months jail, suspended for 18 months, on an assault charge in December 2011. This suspended sentence was extended for another month on October 11 last year.

He had also been placed on explicit bail conditions to stay out of Nanango township between certain hours and to stay out of licensed premises.

Mr Bucknall said the court had given Cherry an opportunity.

“But it appears no matter what the court tries to do it has no effect on curbing your offending,” he said.

On the three public nuisance charges, Cherry was convicted and placed on 12 months probation.

On the breach of bail charge, which Mr Bucknall said was a flagrant breach of a court order, Cherry was convicted and sentenced to two months’ jail.

Mr Bucknall also ordered Cherry serve the whole of the original six month imprisonment imposed in 2011.

He set a parole release date of May 24, 2013.

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A Kingaroy man pleaded guilty in Kingaroy Magistrates Court today to producing and possessing cannabis, and possessing a drug utensil after a police raid on a Kingaroy home on January 3 located three one metre tall cannabis plants growing in pots in his backyard.

There was also a 30cm high plant in the ground, two seedlings in pots, one gram of green leaf in the kitchen and a water pipe used for smoking drugs.

Solicitor Paul Laurentiussen said Jason Perkins had the plants for his own personal use.

“My client is an active member of the community, not relying on any payments from Centrelink,” he said.

Magistrate Mark Bucknall said this was Perkins’ third appearance in court on drug charges.

“You’re going to reach the stage where these matters can’t be dealt with by way of a fine,” he said.

He fined him $600 and a conviction was recorded.

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A 55-year-old Kingaroy man involved in a motor vehicle accident on November 3 that blacked out part of Kingaroy was fined $1400 and disqualified for driving for 12 months when he pleaded guilty to drink driving in Kingaroy Magistrates Court today.

Brian Koenig was driving a black Mazda which hit a power pole near the corner of Alford and Jarrah streets. Blood tests later revealed he had a BAC of 0.239.

Solicitor Mark Werner said his client had been attending a birthday party at a Kingaroy hotel. He had deliberately parked his car a distance away so he would not be tempted to drive it home should he have a few drinks.

“He doesn’t normally drink heavily and he cannot remember walking to his car,” Mr Werner said.

The accident occurred as Koenig drove down Alford Street and a car came out of the side street.

“He swerved to avoid it and woke up in hospital,” Mr Werner said.

He said Koenig was very remorseful and was also facing a $8500 repair bill from Ergon Energy for the power pole.

Magistrate Mark Bucknall said the reading was very high and occurred in circumstances that put more people than Koenig at risk.

“You put the vehicle you were in control of into a light pole, causing severe damage to public infrastructure. Luckily there was no one else around or a passenger in the vehicle.”

* * *

A 20-year-old Nanango man who punched and kicked his mother and step-father and threatened them with knives has been sentenced to 12 months’ jail, to be served as an intensive correction order in the community.

Michael Edward Platt pleaded guilty to charges of assault and threatening violence over the incident which occurred on November 13 after he had been drinking heavily at a friend’s house.

Police Prosecutor Sergeant Pepe Gangemi said Platt threw punches, broke down a door and smashed a lamp.

At one stage he grabbed a kitchen knife which he threw to the ground and broke. He then grabbed two more knives and was waving them around.

Solicitor Mark Werner, for Platt, tendered medical information to the court and letters of support from Platt’s parents.

He said the incident was the result of mental illness aggravated by alcohol.

“He is very regretful for his actions and is now getting some help for his complicated overlapping conditions,” Mr Werner said.

“He is very young, has co-operated with police and his parents have supported him through this process.”