Court Report

Custody for probation breach

A Kentville resident has received a jail sentence for a probation breach.

Roy Douglas Moore, 44, pleaded guilty in Kentville provincial court Monday, Nov. 3 to failing to comply with a probation condition.

Judge Alan Tufts sentenced Moore to 10 days in custody, to be consecutive to any other being served.

Moore committed the breach in Kentville between Aug. 26 and Oct. 2 when he failed to report to Corrections officials as required.

Assaults, breach result in probation

Judge Tufts sentenced Wolfville resident Melissa Sale MacIntosh, 27, to one day in custody, deemed served by her court appearance, for two counts of assault and one probation breach. He also imposed a term of one-year reporting probation on her for the offenses.

A probationary condition is MacIntosh take any recommended assessment, counselling or treatment.

MacIntosh committed the first assault and the probation breach in Kentville April 5, and the second assault in Wolfville Sept. 22.

MacIntosh pleaded guilty to the charges Sept. 24. She consented to remand following her plea.

More than double the limit

Canning resident Dustin Douglas Hiltz, 34, pleaded guilty Nov. 3 to having care and control of a motor vehicle while his blood-alcohol readings were more than twice the legal limit.

Judge Tufts fined Hiltz $1,300 plus a $195 victim surcharge and prohibited him from driving in Canada for a year. The Nova Scotia Registry of Motor Vehicles will ban him from driving in the province for at least a year.

Hiltz committed the offense in Canning Sept. 10 when police found he had blood-alcohol readings of 190 and 190 milligrams of alcohol per 100 millilitres of blood.

The legal limit is 80 mg/100 ml, and the Criminal Code of Canada allows for heavier penalties for those breathalyzer convictions in which readings exceed 160 mg/100 ml, or in which there are other aggravating factors.

Drove over the limit

Coldbrook resident Phillip Glendon Lloyd, 63, pleaded guilty Nov. 3 to driving while his blood-alcohol readings exceeded the 80 mg/100 ml limit.

Judge Tufts fined Lloyd $1,200 plus a $180 victim surcharge, or 21 days in custody on willful default. He also prohibited Lloyd from driving in Canada for a year, a ban the Motor Vehicles Registry will at least match.

Lloyd committed the offense at Murphy Lake Sept. 6 when police found he had blood-alcohol readings of 140 and 140 mg/100 ml.

Failed to report

Berwick resident Jeremy Grant Swindell, 20, pleaded guilty Nov. 3 to failing to comply with a probation order.

Judge Tufts fined Swindell $300 plus a $45 victim surcharge, or five days in custody on willful default.

Swindell committed the breach in Kentville between April 29 and June 26 when he failed to report to and be under the supervision of Corrections officials.

Drove while privilege revoked

Grand-Pre resident Jack Raphael Allen, 36, pleaded guilty Nov. 3 to driving while his privilege of obtaining a license was revoked, contrary to the Nova Scotia Motor Vehicles Act (MVA). Judge Tufts fined Allen $500.

Allen committed the offense in White Rock Sept. 4.

In other court matters

Judge Claudine MacDonald found Halifax resident Derrick Morris Enslow, 28, guilty Nov. 3 of driving between 16 and 31 kilometres an hour in excess of the posted speed limit, contrary to the MVA.

The judge fined Enslow $150 plus a $22.50 victim surcharge and $107 in costs, and suspended his license between Nov. 10 and 17.

Enslow committed the offense in Kentville April 12. --

Barrie, Ontario resident Yves Antoine Daigle, 26, pleaded guilty Nov. 3 to driving between one and 15 km/hr in excess of the posted limit, contrary to the MVA.

Judge MacDonald fined Daigle $100 plus a $15 victim surcharge. Daigle committed the offense on Highway 101 in New Minas April 19. --

Digby resident John Edwards Rogers, 49, pleaded guilty Oct. 28 to driving to the left of a double solid line, contrary to the MVA. Judge MacDonald fined Rogers $150 plus a $22.50 victim surcharge and $107 in costs.

Rogers committed the offense near Exit 14 on Highway 101 March 9. --

Judge MacDonald found Kentville resident Wendell Upshaw, 48, guilty Oct. 28 of engaging in an activity prohibited by notice on a property, contrary to the Nova Scotia Protection of Property Act.

The judge fined Upshaw $100 plus a $15 victim surcharge and $107 in costs. Upshaw committed the offense in Kentville April 29.

Convicted automatically

Judge MacDonald convicted automatically Canning resident Peter G. Strudwick, 41, of driving without a license, driving an unregistered vehicle and driving a vehicle that didn’t have a valid inspection sticker, all contrary to the MVA.

The judge fined Strudwick $150 plus a $22.50 victim surcharge and $107 in costs for the license offense, $50 plus a $7.50 victim surcharge and $107 in costs each for the lack of registration and inspection sticker.

Police laid the charges against Strudwick in Kentville April 30. He was scheduled May 26 for trial Nov. 3, but failed to appear. --

Judge MacDonald convicted automatically Saulnierville resident Alexander Stephen Clark, 24, of driving between 16 and 30 km/hr in excess of the posted limit, contrary to the MVA.

The judge fined Clark $150 plus a $22.50 victim surcharge and $107 in costs and suspended his license between Nov. 10 and 17. Police laid the charge on Highway 101 in New Minas April 19.

Clark pleaded not guilty to the charge in June and was ordered to attend court Nov. 3 for trial, which he failed to do.