Thursday, May 26, 2016 « the western weekender
L AW a n d O R D E R From The Courts: Your Complete Legal Wrap COMPILED BY ALENA HIGGINS. OUR COURT REPORTING IS SPONSORED BY LOCAL LAW FIRM COMPLETE LEGAL & CONVEYANCING.
Police had a good reason to pull over drink driver
Trent Chalmers has been stripped of his licence for eight months and fined $600 after pleading guilty to mid-range drink driving. Penrith Local Court heard Mr Chalmers was intercepted after overtaking a police car and later blew 0.084. “It’s not a good idea to overtake police cars. It generally gives them a reason to stop you,” Magistrate Roger Clisdell said.
24-year-old convicted, but magistrate shows compassion
A young man who collided with a broken-down car, injuring two victims, has received sympathy from his presiding magistrate. Charles Paul Xiberras, 24, fronted Penrith Local Court last Thursday charged with two counts of dangerous driving occasioning grievous bodily harm. The court heard Mr Xiberras was driving to work, listening to music and chatting to his passenger when he mounted a slight crest in the road and slammed into the stationary car. The court was told speed was not a factor and that the electrician thought all the cars in front of him were moving, but one, with a dead battery and no hazard lights, was not. “I suspect if it wasn’t him, it would have been someone else,” Magistrate Roger Clisdell said. “I have to convict him. I have no choice in the matter,” he added. Mr Xiberras was fined $1,000 and disqualified from driving for 12 months.
Pensioner tried to pawn stolen mobile phone
A carers pensioner who hocked a stolen phone has been ordered to pay compensation. Magistrate Robert Clisdell told Robert Norman Inglis his attempt to make a quick buck had backfired. “Don’t try to pawn things that aren’t
yours, especially in your name as you’re going to get caught,” he said. He was fined $200 and ordered to pay $120 in compensation.
Teen warned he’ll go to jail if he gets behind the wheel again
A teenager caught driving while disqualified for the fourth time has been slugged an extra 100 hours of community service and warned he is perilously close to jail. Magistrate Roger Clisdell gave Paul Panoussis one last chance to shape-up or risk a “short, sharp period” in the slammer. “Mr Panoussis, you’re 19. If I sent you to jail they would eat you up and spit you out in about five minutes,” he said. “You better not fail.” He is barred from driving until 2024.
Man drove drunk after finding out wife was about to give birth
An expectant father who drove home drunk after finding out his wife was in labour has been banned from getting behind the wheel for six months. Penrith Local Court heard Nassif Hanna Accary, 29, went to the pub for a few drinks on March 16 not expecting to receive a phone call telling him to return home. Magistrate Roger Clisdell told the fatherof-three, who pleaded guilty to low-range drink driving, he should have known better. “We all know how unpredictable birth can be,” he said. “The ads are there. If you’re going to have a drink, have a plan B. If you have a wife who’s about to have a baby, have a plan C.” He was convicted and fined $400.
Young driver given reality check by magistrate
A magistrate has described a P-plater fatality in chilling detail in a bid to scare a young motorist into submission. Penrith Local Court heard Peter Kamel was lucky to be alive after flipping his car
on its roof during a “night of insanity”. Magistrate Roger Clisdell was scathing of his reckless and negligent driving, noting he was speeding through major intersections. “Police couldn’t catch you, you were going that fast,” he said. “If you’re stupid enough to drive like a lunatic again, you’ll kill yourself.” Mr Kamel said he instantly regretted his actions and was thankful no one else was injured. “I can’t sleep now, let alone if I’d hurt anyone,” he said. He was fined $1,000 and disqualified from driving for 12 months.
Motorcycle fun could have landed man with big fines
Clint Bradbury has been stung with $750 worth of fines after riding his recreational motorcycle on public property. Mr Bradbury fronted Penrith Local Court last Thursday charged with using an unregistered and uninsured vehicle and being unlicenced. Magistrate Roger Clisdell told the defendant he faced fines of up to $2,200 for each offence, but decided not to “hit him” that hard. “Don’t ride that bike anywhere other than private property,” he cautioned.
Man warned to stay off drugs or risk further trouble
Michael Joseph Harvey has been placed on a six month good behaviour bond after pleading guilty to driving with an illicit substance in his blood. Magistrate Roger Clisdell said he was prepared to accept that Mr Harvey, who has completed the first phase of rehab, was not a major risk on the roads unless he was on drugs. “Stay off the drugs – all they do is get you in trouble,” he said.
Man “freaked out” after car accident
A man who fled the scene of a crash
has been fined $990. Adrian James Hardi fronted Penrith Local Court on Monday charged with negligent driving and failing to give his particulars. In explaining his actions, Mr Hardy told the court he just “freaked out and drove off”. “It was a mistake,” he said. “You caused great inconvenience to the person,” Magistrate Margaret McGlynn said. He was fined $660 for negligent driving and $330 for failing to provide his particulars to the owner.
Man faces a “one-way trip to Silverwater”
Hrvoje Pokas has been ordered to fit an ignition interlock device to his car after pleading guilty to his second high-range drink driving charge. Mr Pokas, who appeared before Penrith Local Court last Thursday, was advised he would have to blow into the breathiliser before starting his car for four years once he was eligible to drive again. Magistrate Roger Clisdell said it was a “one-way trip to Silverwater” if he repeated the offence. He was fined $1,000, disqualified from driving for nine months and ordered to enter into a three-year good behaviour bond.
21-year-old told to “grow up” after poor behaviour on roads
A young man who committed a string of driving offences has been told to grow up. Mitchell John Evans, 21, fronted Penrith Local Court on Monday charged with special range PCA, driving an unregistered and uninsured vehicle and failing to display his L-plates. Magistrate Margaret McGlynn told the labourer his traffic record showed a complete lack of regard and concern for other motorists. “21 isn’t a child,” she reminded him. He was stripped of his licence for five months and fined $1,160.
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