Mudgee Local Court briefs for September 6, 2017

A man who escaped conviction for two previous charges of drug driving earlier this year, was disqualified for six months for a third offence.

Charles Anthony Xuereb, aged 53, of Frog Rock Road, Frog Rock, tested positive to methamphetamine when stopped by police on the afternoon of June 16, 2017, in Mortimer Street.

He told police “I had a smoke about three weeks ago”.

Xuereb had two previous offences dismissed without conviction – known as being dealt with under ‘Section 10’ – each time claiming the drug helps him deal with sciatica.

This occasion, representing himself, he told the court the condition had him “rolling on the floor in pain”.

However, Magistrate Margaret McGlynn told the defendant, “there are no Section 10s coming your way from me, regardless of your circumstances”.


A 59-year-old man was placed on a 12-month good behaviour bond for domestic assault.

Gerard Bernard Birchall of Gladstone Street, Mudgee, was charged following the incident on the evening of June 30, 2017.

He, the victim and others were drinking at their residence when Birchall kicked him and attempted to hit him with a pole.

He continued to slap the victim before one of the witnesses called police after Birchall turned his verbal abuse on them.

Magistrate Margaret McGlynn told the defendant “this is an extremely serious offence” and added “it’s made worse by the fact it took place in the home, where [the victim] is entitled to feel safe”.


A man charged with low-range drink driving with a child in the vehicle that wasn’t properly restrained, was fined a total of $1100 and disqualified for three months.

Robert John O’Connell, aged 30, of Yarrawonga Road, Yarrawonga, was stopped for a random breath test on the evening of July 8, 2017.

Police - who were patrolling the Yarrawonga area at the time - noticed the child on a backless booster seat with the passenger seatbelt used to restrain them, which isn’t approved for children under seven-years-old.

A roadside breath test was positive for alcohol and he was taken to Gulgong Police Station where a breath analysis of 0.077 was recorded.

O’Connell’s solicitor, Richard Wise, told the court that his client is a mechanic and was returning the vehicle, adding he thought the booster seat was enough.

Magistrate Margaret McGlynn said, “this offence is aggravated by the fact you had a child not properly restrained with you and that you were high in the low-range”.


A 28-year-old man was told his history of domestic offences made a relatively minor matter more serious when he was sentenced.

Matthew Raymond Joyce of Grattai Road, Grattai, was placed on a two-year good behaviour bond for the charge ‘Destroy or damage property (Domestic Violence)’.

At about 11.30pm on May 6, 2017, Joyce and the victim were in a heated argument while intoxicated, he then smashed their mobile phone on the floor.

His solicitor, Tom Flynn, told the court that while it was a relatively minor offence his client’s record doesn’t assist him.

Magistrate Margaret McGlynn concurred, telling the defendant, “it’s the context in which it’s occurred that makes this a serious offence”.


A man caught with a stolen bicycle was placed on a 12-month behaviour bond.

Robert Hakki, aged 44, of Denison Street, Mudgee, had the bike in Church Street on the morning of June 14, 2017.

Police spoke to him after they noticed he didn’t have a helmet.

A check revealed that the bike had been stolen from a Gulgong address between May 13 and 14.

Magistrate Margaret McGlynn reminded Hakki, “you’ve been to jail for this offence before, but that was a long time ago”.