Court Report

House arrest for CDSA offenses

An Aylesford man has received a conditional sentence order (CSO) that includes a term of house arrest.

Barry Richard Foster, 37, pleaded guilty in Kentville provincial court Wednesday, Nov. 19 to unlawfully producing cannabis marijuana, a Schedule II drug under the Controlled Drugs and Substances Act (CDSA); possession of cannabis marijuana, contrary to the CDSA; and careless storage of a firearm.

Judge Alan Tufts imposed an eight-month CSO on Foster for the CDSA offenses and fined him $100 for the firearms offense.

The CSO includes four months’ house arrest, with the usual exceptions for employment, education and appointments. The remainder in is the form of a curfew with strict restrictions.

The judge also ordered Foster to provide Corrections authorities with a DNA sample; forfeited the materials involved in the commitment of the offenses; and prohibited Foster from possessing firearms for 10 years and eight months.

Foster committed the offense in Aylesford June 5.

Breathalyzer results in fine, probation

Judge Tufts fined Torbrook, Annapolis County, resident Brian Laurence Turner, 55, $700, or 10 days in custody on willful default, and imposed a term of one-year reporting probation for having care and control of a vehicle while his blood-alcohol exceeded the legal limit.

Probationary conditions include Turner not drive and not possess or consume alcoholic beverages.

The judge also prohibited Turner from driving in Canada for two years, a ban the Nova Scotia Registry of Motor Vehicles will at least match.

Judge Tufts also fined Turner $250, or 10 days in custody on willful default, each for driving without the required liability insurance for the third time, and for driving while his privileged of obtaining a license was revoked, both contrary to the Nova Scotia Motor Vehicles Act (MVA).

Turner committed the offenses in South Tremont April 7 when police found he had blood-alcohol readings of 210 and 200 milligrams of alcohol per 100 millilitres of blood. The legal limit is 80 mg/100 ml and the Criminal Code provides for heavier penalties in breathalyzer convictions in which readings exceed 160 mg/100 ml, or the presence of other aggravating factors such as other related offenses.

Probation for assault

North Kentville resident John Hank Leander Gibson, 47, pleaded guilty Tuesday, Nov. 18 to assault.

Judge F.P. Hoskins sentenced Gibson to one day in custody deemed served by the court appearance, and imposed a term of 12 months’ reporting probation on him.

Probationary conditions include that Gibson have no communications with a specific person and be near that person’s place of residence.

Gibson committed the assault New Minas Sept. 23.

Probation for breach, theft

Berwick resident Kevin Anthony Edward Keddy, 23, pleaded guilty Nov. 18 to failing to comply with a court undertaking and to threatening bodily harm to a police officer.

Judge Hoskins suspended sentencing on Keddy for the convictions and imposed a term of nine months of reporting probation.

Conditions of the probation include Keddy taking any recommended assessment, counselling or treatment; refraining from associating with those with criminal, drug or youth records; and not possessing or consuming alcoholic beverages or non-medically prescribed drugs.

Keddy committed the breach in Waterville Aug. 9, 2008 and the threat in Kingston Oct. 27, 2007.

Drove with illegal readings

Judge Tufts found Springfield, Annapolis County resident Martin Everette Aulenbach, 22, guilty Nov. 19 of driving while his blood-alcohol readings exceeded the 80-mg, 100-ml limit.

The judge fined Aulenbach $650 plus a $97.50 victim surcharge, or 11 days in custody on willful default, and prohibited him from driving in Canada fro a year.

The Registry of Motor Vehicles will at least match that ban.

Aulenbach committed the offense in Kentville June1 when police found that he had blood-alcohol readings of 110 and 110 mg/100 ml.

In other court matters

Judge Claudine MacDonald found Kentville resident Paul Douglas Robson, 42, guilty Nov. 19 of driving between 16 and 30 kilometres per hour in excess of the posted limit, contrary to the MVA.

The judge fined Robson $150 plus a $22.50 victim surcharge and $107 in costs, and suspended his license from Nov. 24 to Dec. 1.

Robson committed the offense on Highway 101 near New Minas April 19. --

On Nov. 18, Judge Hoskins fined Wolfville resident Clarke Edward West, 20, $300 plus a $45 victim surcharge and $107 in costs for illegal possession of liquor, contrary to the Nova Scotia Liquor Control Act (LCA).

West committed the offence in Wolfville Sept. 6 and pleaded guilty to the charge Nov. 3, when he requested a remission of penalty.

However, West failed to attend the scheduled Nov. 18 sentencing hearing and the judge fined him the full amount. --

Judge Hoskins fined Wolfville resident Derek Christopher Empey, 19, $300 plus a $45 victim surcharge and $107 in costs – a total of $452 – for illegal possession of liquor, contrary to the LCA. The judge remitted all but $100 of the total penalty.

Empey pleaded guilty to the charge Nov. 3 when he requested the remission of penalty, which he received Nov. 18. He committed the offense in Wolfville Aug. 31. --

Judge Hoskins fined Wolfville resident Aiden William Lillis-White, 19, $300 plus a $45 victim surcharge and $107 in costs Nov. 18 for illegal possession of liquor, contrary to the LCA, and remitted all but $100 of the penalty.

Lillis-White committed the offense in Wolfville Sept. 13 and pleaded guilty to the charge Nov. 3, when he requested the remission. --

Wolfville resident Colin Anthony Foster, 36, receive a $50 fine, plus a $45 victim surcharge and $107 in costs Nov. 18 for failing to obey a stop sign, contrary to the MVA.

Foster committed the offense in Wolfville Sept. 21 and pleaded guilty to the charge Nov. 3, when he requested a remission of penalty. Judge Hoskins declined to grant the request.